NESS CITY, Kan. (KWCH) A Kansas non-profit is trying to reduce Veteran suicides by giving them a life-changing gift.

K9's For Heroes gives service dogs to Veterans who struggle with PTSD. On Saturday, the organization gifted it's second dog to a Veteran in Ness City.

"She's going to be good for me and I can't wait to see how we do together and how the quality of life is going to improve for me," said Annie Henson.

Henson joined the Army in 2011 and now struggles with PTSD.

"I was active duty at the end of last month. I don't do well in crowd situation or people in my personal space so I tend to not go out in public," said Henson.

K9's For Heroes gave hope, a trained service dog, to Henson free of charge.

"Just seeing this dog will have an effect on her and help her to be able to go out in public. Help ease her anxiety, and deal with her new reality," said April Cunningham.

Hope is the second service dog K9's For Heroes has given to a Veteran, but they have eight more training to become service dogs. Their goal is to give 20 service dogs to Kansas Veterans with PTSD this year.

"We'd like to see if we can change the suicide rates in Kansas specifically," said Cunningham.

The organization's top priority is Veterans in Kansas, but eventually would like to grow to help Veterans with PTSD in other states as well.

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Sen. Jerry Moran said he will be leaning on Veterans to help him set the agenda when he becomes chairman of the Senate Veterans’ Affairs Committee in January.

Moran, R-Kansas, will succeed Sen. Johnny Isakson, a Georgia Republican who officially retired this month after two decades on Capitol Hill, including four years chairing the Senate panel which oversees the Department of Veteran Affairs.

Moran, who has served on the committee since he joined the Senate in 2011, said most of the Veterans-related legislation he’s worked on has originated with Veterans in Kansas. He’ll take a similar approach as chairman and look to Veterans nationally to help set the committee’s agenda.

“Somebody who calls the office, somebody who runs into me on the street, somebody who comes to one of my town hall meetings and they’ve got a story about something’s gone wrong in their lives and they need help. Or something’s gone wrong and they’ve been seeking help from the VA and they haven’t gotten the help that they need,” Moran said. “So our agenda will be driven by what Veterans tell us are the things that are causing difficulties in their lives.”

Moran said the top issues on his list are suicide prevention and ensuring that Veterans suffering from cancer and other illnesses due to toxic exposure get the care they deserve.

McClatchy reported in October that the rate of cancer treatments among Veterans has increased dramatically since 2000, a period during which the U.S. has fought wars in Afghanistan and Iraq. The surge includes a 61 percent increase in urinary cancer treatments and a 96 percent spike in liver and pancreatic cancer treatments.

The VA faced a scandal in 2014 when it was revealed that some of its hospitals falsified data to conceal long wait times for appointments. Moran said the situation has improved following reform legislation, but he’s sensitive to the perception from many Veterans that it takes too long to process claims or provide care.

“If there’s an attitude or approach of anybody at the VA that says we’re just interested in slowing down the process so that we don’t have to pay a claim, those people should not be working at the Department of Veteran Affairs,” Moran said.

Eric Gang, a New York-based attorney who specializes in filing Veteran appeals, said the agency takes a skeptical approach to claims as a check against fraud. But for Veterans with cancer who can’t afford months or years of denials, “it’s devastating to them, they often don’t survive many times.”

This month, one of Gang’s clients, Korean War Veteran Thomas Nielson from Arizona, was awarded $663,000 in retroactive VA payments. The VA had first denied his claim for disability benefits for an autoimmune disease in 1960 and Nielson had been appealing the decision for decades, because the autoimmune disease rendered him unable to work, Gang said.

The payments will go to his widow, because Nielson died in 2014. If Nielson had not had one, the claim would have become void and the VA would have kept the money, Gang said. Nielson’s award is “one of too many examples of the VA’s ‘deny till they die policies’ horrifically visible in human terms,” Gang said.

A recent inspector general report found that the VA wrongly denied more than $53 million in emergency medical care for Veterans treated at non-VA hospitals from April through September of 2017.

As a Kansan, Moran said he’s particularly interested in ensuring that rural Veterans get access to care. He pointed to his 14 years in the U.S. House representing the Kansas’ 1st congressional district, a vast, heavily rural region which covers more than half the state.

“The district is the size of Illinois and there is no VA hospital, so what I’ve seen in my time in Congress… is there’s just lots of Veterans in rural America that decide not to utilize the VA because it just isn’t really available to them,” Moran said. “Part of that is distance. Part of that is knowledge. We still have so many Veterans who don’t know what they’re entitled to, the services that are available.”

Moran will be leading the committee next year when the VA launches a new $10 billion electronic health records system designed by Cerner, the Kansas City-based health care information company with offices in both Kansas and Missouri.

“We need to make sure that the VA and Cerner and the Department of Defense do their jobs well,” Moran said, explaining that the records will be crucial for ensuring timeliness of care and even helping the VA identify Veterans at risk for suicide.

Moran has co-sponsored legislation with Sen. Jon Tester, D-Montana, the committee’s ranking Democrat, aimed at reducing the suicide rate by increasing the number of VA psychiatrists and providing more assistance for the transition to civilian life.

Tester said in a statement that the legislation “aims to aggressively combat the national Veteran suicide rate by providing more folks with the mental health care services they need” and that he looks forward to working with Moran “to ensure we continue to hold the VA accountable in delivering timely, quality, and robust care and benefits to all Veterans.”

Moran noted that he was in high school during the Vietnam War. If he had been a year older, he could have been drafted to serve.

“So by the circumstance of a birthday, someone who is a year older than me probably served in Vietnam and somebody my age probably didn’t,” Moran said. “I have great regard for those that did, but I also saw how poorly they were treated when they returned home and I just committed to myself as a 16-year-old kid that I’m going to everything I can to make certain that Veterans are respected and honored.”

“Now that I have this job I need to do more than just pay honor and respect,” he said. “This is also about making sure that the promises that were made are kept.”

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Despite losing two court battles, lawmakers say the VA is still refusing to pay emergency medical bills for more than 600,000 Veterans.

WASHINGTON — U.S. Senator Tammy Baldwin of Wisconsin – along with four other Democratic senators – introduced legislation last week to require the Department of Veterans Affairs to pay for millions of dollars in medical bills for Veterans who sought emergency care at non-VA hospitals nationwide.

Even though the VA lost a landmark 2016 case involving Minnesota Veteran Richard Staab – and lost another case in 2019 striking down rules the VA adopted after the Staab decision – the agency still has refused to pay the disputed emergency room claims while it continues the appeal process.

Meanwhile, it’s estimated that more than 600,000 Veterans have been left holding the bag – some even turned over to collection agencies.

“The VA is acting illegally, as found by two separate courts, and immorally,” Senator Richard Blumenthal (D-CT) said in a statement. “Congress must put an end to the VA’s indefensible actions and pass this legislation.”

““The last thing Veterans should have to worry about during a health emergency is whether they will be stuck with the bill for their medical expenses,” said Sen. Sherrod Brown (D-OH), one of the five co-sponsors.

The proposed legislation is the latest development in a long and complicated legal battle with millions – and perhaps billions – of dollars at stake.

Minnesota Veteran Played Key Role

For years, KARE 11 has documented the case of Richard Staab, the St. Cloud, Minnesota Air Force Veteran whose lawsuit is at the heart of the lengthy legal dispute.

It involves a law that requires the VA to cover emergency medical bills for which a Veteran is “personally liable” – and internal VA rules critics say were designed to side-step that requirement.

In a landmark decision in 2016 – known as the “Staab” ruling – a court ruled that that the Emergency Care Fairness Act (ECFA) passed by Congress and signed by President Obama required the VA to cover his medical expenses.

The ruling struck down the VA’s policy of denying reimbursement of emergency medical bills to Veterans if their third-party insurance covered any portion of the care.

Richard Staab’s story actually began 10 years ago. Staab, then 77, suffered a heart attack and stroke in 2010. He was rushed to a nearby hospital in St. Cloud and had open-heart surgery.

“That heart of mine was pounding so bad, I’m lucky I’m still alive I guess,” Staab told KARE 11.

Medicare covered a portion of his treatment, but Staab says he was ultimately left with about $48,000 in out-of-pocket expenses for his hospitalization and recovery.

A U.S. Air Force Veteran who enlisted during the Korean War, Staab typically relied on the VA for care. So, he submitted a claim for the outstanding balance to the St. Cloud VA, expecting to be reimbursed.

To his surprise, his claim was denied.

As a result, Staab says he had to clean out his life savings to cover the unpaid bills. “Goes down, you know,” he said of his finances.

The VA denied his claim citing an internal regulation authorizing reimbursement only if the “Veteran has no coverage under a health-plan contract for payment or reimbursement, in whole or in part, for the emergency treatment.”

Because Staab’s expenses were partially covered by Medicare, the VA denied his claim for the remaining amount.

Staab and his attorney Jacqueline Schuh appealed to the St. Cloud VA twice but were denied both times.They lost again when they took his case to the Board of Veterans Appeals.

“We didn’t give up,” said Schuh.

Winning the appeal

With the help of the National Veterans Legal Services Program (NVLSP), they took the case to the U.S. Court of Appeals for Veterans Claims, arguing that the VA regulation used to deny Staab’s claim violated the Emergency Care Fairness Act.

“The denial was based upon the internal rule that the VA had been enforcing since 2010,” Schuh said. “But the internal rule was inconsistent with the law.”

When Congress passed the Emergency Care Fairness Act, it required the VA to cover a qualified Veteran’s emergency medical bills if the Veteran was “personally liable.”

Schuh and the NVLSP attorneys argued the law required VA to step in as a “secondary payer” when other health care insurers, such as Medicare, covered only a portion of the cost of a Veteran’s emergency treatment leaving the Veteran “personally liable” for the rest.

“It is pretty cut and dry,” Schuh said.

In April 2016, the three-judge panel agreed. They ruled in Staab’s favor, striking down the regulation the VA had been using to deny Veterans emergency medical claims nationwide.

The court’s strongly-worded decision rebuked the VA, emphasizing that VA’s reimbursement regulation was “wholly inconsistent” with the law Congress had passed. The judges said the VA had unlawfully “declined to remedy this inconsistency.”

The VA initially appealed that decision. The matter was pending before the U.S. Court of Appeals for the Federal Circuit when then VA Secretary David Shulkin made a surprise announcement in June 2017.

Testifying before a Congressional committee, Shulkin said the VA would “voluntarily withdraw” its appeal of the Staab case.

It seemed like a huge victory – not just for Staab, but for Veterans across the country.

It also carried massive financial ramifications.

At the time, the VA estimated it was liable to pay 370,000 previously denied claims totaling more than two billion dollars.

“What did you expect would happen?” KARE 11 investigative reporter A.J. Lagoe asked Staab.

“That we would get paid,” Staab replied. “But it never came true.”

Despite dropping the appeal, the VA never reimbursed Mr. Staab.

Read Staab’s sworn affidavit here: https://www.documentcloud.org/documents/6166385-Staab-Affidavit.html

Instead, it created a new regulation and began claiming bills leftover after Medicare or other insurance payments are “deductibles, copayments or coinsurance” for which VA is not liable.

That set off a new legal battle.

The “Wolfe” case

In a class action lawsuit filed by NVLSP, the Veterans group argued that the VA’s new rule was meant to side-step the Staab ruling – and continue to deny Veterans emergency room coverage they deserved.

The U. S. Court of Appeals for Veterans Claims (CAVC) agreed.

Last fall, it ruled the VA had violated federal law when it issued its new rule involving ER bills.

In a blistering critique, a three-judge panel labeled the VA’s position “flimsy” and “thoroughly unpersuasive.”

During an earlier hearing in the case known as Wolfe v. Wilkie, the court cited KARE 11’s “Pattern of Denial” investigation to blast the VA for “doing everything it could” to limit ER bill reimbursements to Veterans.

During oral arguments in May 2019, a judge referred to a KARE 11 investigation that revealed 86-year-old Richard Staab still had not been reimbursed the nearly $48,000 he paid out of pocket for his care.

Judge William S. Greenberg exclaimed, Three years! Nothing’s happened! Not a dollar! What do we have to do?”

“All of this is unacceptable,” Greenberg wrote in the majority opinion, ordering the VA Secretary to “readjudicate these reimbursement claims.”

In his opinion Judge Greenberg wrote, “…in Staab, we authoritatively corrected VA’s misunderstanding [of the statute] definitively and unambiguously.”

He added, “The Agency [VA] has effectively rolled back the clock and, with no transparency, essentially readopted a position we have authoritatively held inconsistent with Congress’s command. Recognizing this is what happened is – quite frankly – startling enough. It's difficult to conceive how an agency could believe that adopting a regulation that mimics the result a Federal court held to be unlawful is somehow appropriate when the statute at issue has not changed.”

Although the VA vowed to appeal the ruling, earlier this year the court ordered the Department of Veterans Affairs to begin sending out letters notifying Veterans that the VA had misinformed them about their rights to reimbursement for emergency medical expenses.

“These are corrective letters,” said attorney Bart Stichman of the National Veterans Legal Services Program (NVLSP). “They correct misinformation the VA gave to these claimants when they filed their claims over the last couple years.”

Since the VA continued to deny benefits after the Staab decision, the potential price tag has increased. The VA has estimated if it has to comply with the court’s ruling it will cost between two and six billion dollars to pay back Veterans.

“We think there are billions of dollars’ worth of reimbursements that the VA is not paying out,” said Stichman.

With many Veterans facing new debts and financial insecurities because of the COVID-19 crisis, the reimbursements could be good news. “At a time in which they really need this compensation, this reimbursement, because of what’s going on with the virus,” Stichman said.

Although the VA has lost in court, it continues to appeal. As a result, those payments are still in doubt.

If approved, the newly introduced legislation would require the payments.

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None of my duties and experiences as second lady of the United States has been as fulfilling as the opportunity to work with those who have served and sacrificed for this country: America’s military service members, spouses, Veterans, and their families. As a proud Blue Star mom of a U.S. Marine, I have a deeper understanding of the daily sacrifices. Without a doubt, our Armed Forces deserve our respect and care.

In 2016, President Trump and my husband, Vice President Mike Pence, placed Veterans at the very center of their campaign, promising to do right by the men and women who put their lives on the line for this country, many of whom served in the decade and a half following Sept. 11, 2001. Veterans rewarded that commitment with their support, voting Republican by a ratio of nearly two to one in the 2016 presidential election and remaining steadfastly behind this administration ever since.

The president and the vice president have ceaselessly endeavored to honor this country’s promises to military service members and their families. First and foremost, this administration has fulfilled its pledge to remold American foreign policy and stop the open-ended overseas deployments that put Americans in harm’s way and separate them from their families for years on end.

While the realities of our unstable world and the continued existence of groups that would do us harm necessitate a continued American military presence in certain parts of the world, the past three years mark the first time in a generation that we’ve gone so long without new, large-scale combat deployments. That hasn’t stopped us from achieving extraordinary successes, including the eradication of the Islamic State's “caliphate” of medieval brutality and the elimination of Abu Bakr al-Baghdadi, the terrorist monster who once reigned as its despot.

Still, the sacrifices made during the years of war in Afghanistan, Iraq, and countless other deployments in the War on Terror — not to mention earlier conflicts — are still fresh in the minds of thousands of military families who must live with the physical and psychological consequences of those conflicts.

Over the course of this administration, I’ve had the honor to try to help alleviate those deep scars. I’ve worked to bring awareness and access to creative arts therapies for those with service-related traumatic brain injury and post-traumatic stress disorder. It’s been one of the most rewarding experiences of my life to hear wounded warriors tell me of the relief that treatment has brought them.

Americans consider it a sacred duty to reward Veterans for their service and ease the suffering many of them endure as a result. During the previous administration, our Department of Veterans Affairs (VA) sometimes fell woefully short of upholding that duty. Our president and vice president promised to rectify the shortcomings, and they have kept that promise.

The president recently signed into law the National Defense Authorization Act — the largest-ever investment in the United States military. Before President Trump and Vice President Pence took office, the military experienced destructive budget cuts on a regular basis. As candidates, they promised to reverse this devastating trend, and I’m proud to say they have delivered.

In the last fiscal year, the president secured the largest budget for the VA in history: $86.5 billion. But money alone was not enough. The president also signed the VA MISSION Act, a bill to dramatically improve healthcare quality and choice for Veterans, and the “Department of Veterans Affairs Expiring Authorities Act of 2019,” which extends key programs for Veterans such as anti-homelessness initiatives.

He has also implemented major reforms of VA management, signing a bill to create a new Office of Accountability and Whistleblower Protection at the VA in order to make it easier to fire bureaucrats who are not delivering for Veterans and replace them with competent employees who will give our Veterans the quality of service they deserve.

We all have a duty to the families of those who serve: men and women who make sacrifices of their own to support their spouses, parents, and children in uniform. That’s why I’ve been so proud to lead an awareness campaign to elevate and encourage our military spouses. I’ve met hundreds of spouses who live throughout the United States and other parts of the world in helping to address military spouse unemployment, one of their biggest challenges.

As part of the effort to encourage more business to hire and retain Veterans' spouses, I’ve had the honor of celebrating the new Military Spouse Economic Empowerment Zones (MSEEZ) around the country to help ensure those military family members are able to enjoy their fair share of the jobs and prosperity created by the strong and growing Trump economy.

As we move into the thick of the 2020 presidential campaign, the Veterans for Trump coalition will be an indispensable element of the movement to secure another four years of progress for Veterans and military families. My hope is that Veterans will look at the promises kept so far and decide to entrust this administration with another four years to continue this important work.

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JOHNSTOWN, Pa. - A resident of Louisville, Kentucky, was sentenced in federal court today for one count of conspiracy to solicit and receive unlawful kickbacks, United States Attorney Cindy K. Chung announced.

United States District Judge Kim R. Gibson sentenced John Baird, 55, a physician, to five years of probation, including two years of home detention. Baird was also ordered to pay restitution totaling $567,609.36 to Medicare.

During the defendant’s plea hearing on July 16, 2018, Baird admitted that while practicing as a licensed physician specializing in physical medicine, rehabilitation, and pain treatment, he entered into an illegal kickbacks-for-referrals conspiracy with Williams Hughes, the owner and operator of Universal Oral Fluid Labs (“UOFL”), a clinical drug-testing laboratory in Greensburg, Pennsylvania. Pursuant to their arrangement, Baird received cash payments from UOFL in exchange for referring patients—including patients covered under Medicare—to the lab for drug testing services. Hughes, through UOFL, then submitted to, and received reimbursements from, Medicare for drug testing services for patients referred to the lab by Baird. As enrolled Medicare providers, Baird and UOFL were required to certify that they would comply with all applicable state and federal laws and regulations, including the federal anti-kickback prohibition. Baird further admitted that between May 2012 and July 2013, he received $567,609.36 in kickbacks from UOFL for his drug testing referrals.

Hughes separately pleaded guilty for conspiring to offer and pay kickbacks in connection with Medicaid referrals made by another Kentucky physician. On July 13, 2021, United States District Judge David S. Cercone sentenced Hughes to sixty days’ incarceration, followed by twelve months of home detention. Hughes was also ordered to pay a $5,000 fine, forfeit more than $750,000 in previously seized assets, and make restitution totaling $1,670,469.77 to the Kentucky Medicaid Program.

Assistant United States Attorney Eric G. Olshan is prosecuting this case on behalf of the government. The Federal Bureau of Investigation, Health and Human Services Office of Inspector General, Internal Revenue Service - Criminal Investigation, and Pennsylvania Office of Attorney General Medicaid Fraud Control Unit conducted the investigation that led to the prosecution of Baird.

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PITTSBURGH - A resident of Louisville, Kentucky, pleaded guilty in federal court to a charge of health care fraud, Acting United States Attorney Stephen R. Kaufman announced today.

Varanise C. Booker, 66, pleaded guilty to one count before Senior United States District Judge David S. Cercone.

In connection with her guilty plea, the defendant admitted that she was a licensed psychiatrist who operated a medical practice, Family and Children Behavioral Health Services, in Louisville, Kentucky. Between approximately October 2011 and August 2013, the defendant further admitted that she referred patients for drug testing and related services performed by Universal Oral Fluid Labs (“UOFL”), a clinical drug testing and drug screening laboratory located in Greensburg, Pennsylvania. The court was further advised that the defendant engaged in health care fraud by causing UOFL to bill the Kentucky Medicaid program for testing based on referrals that were outside the ordinary course of professional practice and not for a legitimate medical purpose. Specifically, the defendant acknowledged that she did not document a legitimate justification for ordering certain drug tests and services, failed to document the results of certain drug tests and services performed by UOFL in her medical files, and failed to address the results of certain drug tests and services in the treatment of her patients. The defendant further admitted that she caused UOFL to pay her a certain portion of the reimbursements the laboratory received from Kentucky Medicaid in connection with her referral of unlawful drug tests and related services. As a result, the defendant caused losses to Kentucky Medicaid of more than $15,000 but not more than $40,000.

Judge Cercone scheduled sentencing for 11:30 a.m. on Feb. 10, 2022. The law provides for a total sentence of not more than 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Eric G. Olshan is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation, Health and Human Services Office of Inspector General, Internal Revenue Service - Criminal Investigation, and Pennsylvania Office of Attorney General Medicaid Fraud Control Section conducted the investigation that led to the prosecution of Booker.

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SAN ANTONIO – Federal authorities have charged a pharmacy technician at the Veterans Affairs Medical Center in Kerrville (VAMC) with stealing hydrocodone and oxycodone prescriptions from the VAMC mailroom and from mailboxes at some 40 locations in Kerrville, Ingram and Center Point.

A federal criminal complaint charges 35-year-old Kerrville resident Scott M. Brown with one count of theft of U.S. Mail. According to the complaint, the Kerr County Sheriff’s Office received several theft reports from victims beginning in March 2021. Victims reported that their prescriptions sent from the VAMC were missing. According to the complaint, Brown allegedly stole packaged narcotics from inside the VAMC mailroom as well as residential mailboxes between March and April 2021.

U.S. Attorney Ashley C. Hoff; Drug Enforcement Administration (DEA) Special Agent in Charge Daniel C. Comeaux, Houston Field Office; U.S. Postal Inspection Service (USPIS) Inspector in Charge Adrian Gonzalez, Houston Division; U.S. Department of Veterans Affairs Office of Inspector General (VAOIG) Special Agent in Charge Jeffrey Breen, South Central Field Office; and Kerr County Sheriff L.L. Leitha made today’s announcement.

Upon conviction, Brown faces up to five years in federal prison. He remains in custody awaiting a detention hearing scheduled for 10:45 a.m. on Monday in San Antonio before U.S Magistrate Judge Henry Bemporad.

The DEA, USPIS, VAOIG and the Kerr County Sheriff’s Office are investigating this case. Assistant U.S. Attorney Priscilla Garcia is prosecuting this case.

A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.

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FRESNO, Calif. — A federal grand jury returned a 12-count indictment today against Travis Gober, 42, of Hanford, charging him with health care fraud and aggravated identity theft, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Gober owns and controls VIP Sleep Center, a sleep disorder clinic that operated out of Fresno and Visalia. Sleep disorder clinics perform diagnostic tests to identify ailments like sleep apnea and narcolepsy. Between January 2015 and September 2021, Gober caused VIP Sleep to bill Medicare for sleep tests the company did not actually perform. Each of these claims also listed a provider who had purportedly referred the patient to VIP Sleep even though the provider had not done so. In total, Gober caused VIP Sleep to submit more than $10 million in false and fraudulent Medicare claims.

This case is the product of an investigation by the U.S. Department of Health and Human Services Office of Inspector General and the Federal Bureau of Investigation. Assistant U.S. Attorneys Vincente A. Tennerelli and Melanie L. Alsworth are prosecuting the case.

If convicted, Gober faces a maximum statutory penalty of 10 years in prison and a $250,000 fine on the health care fraud charges and a mandatory two years in prison on the aggravated identity theft charges. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

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Since 1988 more than $500,000 in benefits paid to accounts

Tacoma – An Olalla, Washington man was sentenced today in U.S. District Court in Tacoma to 25 months in prison for wire fraud and aggravated identity theft for his decades-long theft of his missing brother’s identity and benefits, announced Acting U.S. Attorney Tessa M. Gorman. Chris Harvey Sayler, 74, began fraudulently collecting his missing brother’s Social Security Disability benefits since at least 1998. Over the last twenty years, those benefits total more than $388,000. At the sentencing hearing, U.S. District Judge Robert J. Bryan said, “This is a sad case for all concerned – including the public…. It’s a crime against all the citizen taxpayers in the country.” Judge Bryan noted that but for Sayler’s age, health and military service, he would have faced a much longer sentence.

“Over the course of this investigation, the defendant has made conflicting statements about when he last saw his brother – who was reported missing in 1989,” said Acting U.S. Attorney Gorman. “Our hope was that the investigation could shed light on what happened to Jarvis Sayler. While that has not happened, we are able to hold his brother accountable for stealing benefits from government programs that are designed to help the most needy in our community.”

According to records in the case, Chris Sayler’s brother, Jarvis L. Sayler, traveled from his home in Missouri to the Vancouver, Washington area in 1988. He told relatives that he planned to visit Chris Sayler, then return to Missouri to build a home on property there. Jarvis Sayler was born with partial eyesight, and had been receiving Social Security disability benefits since 1977. Jarvis Sayler wrote a few letters to Missouri between June and September 1988, but that was the last anyone heard from him. A third brother in Missouri reported Jarvis Sayler missing in March of 1989. The Clark County Sheriff’s Office interviewed Chris Sayler at that time about his brother’s whereabouts. Sayler claimed his brother moved from his home after the two had an argument. That was the last reported sighting of Jarvis Sayler.

In 2013, a person claiming to be Jarvis Sayler attempted to renew a Washington State ID card, but the renewal was denied because facial recognition software indicated the person in the ID photo was the same as in a drivers license photo of Chris Sayler. When Sayler went to a Department of Licensing Office to renew a license (in his own name) years later, he claimed that he and Jarvis were twins and that was the reason for the facial recognition report. The clerk pointed out that the two men’s birthdates were four years apart, but Sayler said it is a “rare twin situation” that does occur. The investigation has revealed that Sayler and Jarvis Sayler are not biologically related.

In 2019, the Department of Licensing referred the matter to the Social Security Office of Inspector General (SSA-OIG) for investigation. The investigation revealed that as early as 1998, Sayler’s photo appears on Jarvis Sayler’s identification card and that the addresses on Jarvis’ cards and other identifying documents are associated with Chris Sayler.

Since at least 1998, Jarvis Sayler’s Social Security benefits went to a bank account opened with an address in Vancouver, Washington. When Chris Sayler moved to Olalla, the address on the account was updated to the new address as well. ATM withdrawal records and debit card records from retailers such as Costco and Fred Meyer show Sayler withdrawing money or making purchases with the debit card associated with Jarvis Sayler’s account.

Speaking with family members in September 2019, Sayler claimed he had not seen his brother in more than 15 years. When interviewed by law enforcement at the time of his arrest in October 2019, Sayler claimed he had last seen his brother in 2016 and before that in 2012.

In court today Sayler said, “I’m sorry that I caused all this problem. I shouldn’t have done it.”

In asking for the 25-month prison sentence, Assistant United States Attorney Benjamin Diggs noted that the ultimate loss to Social Security was likely more than $500,000, but records only exist from as far back as 1998. “The fraud loss of hundreds of thousands of dollars reflects the fact that this crime involves not an isolated incident of dishonesty or a brief lapse in judgment during a difficult period, but rather a separate decision to steal, month after month, for nearly 30 years, resulting in hundreds of separate acts of theft,” prosecutors wrote in their sentencing memo.

“Misusing Social Security benefits intended for another person is a Federal crime —one we will continue to aggressively pursue,” said Gail S. Ennis, Inspector General for the Social Security Administration. “I want to thank our law enforcement partners for joining us in this investigation and the U.S. Attorney’s Office for prosecuting this case.”

The Clark County Sheriff’s Office remains interested in hearing from anyone who has information on Jarvis Sayler and his disappearance.

The case was investigated by the Social Security Office of Inspector General (SSA-OIG), Health and Human Services Office of Inspector General (HHS-OIG), and Homeland Security Investigations (HSI) as part of the Document and Benefit Fraud Task Force in Seattle. Investigative assistance was also provided by the FBI and Sheriff’s Offices for Clark County, Cowlitz County, and Kitsap County.

The case was prosecuted by Assistant United States Attorney Benjamin Diggs.

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It has been a difficult journey for Mary Jean Berling since she lost her husband of nearly 55 years, but a program helping Veterans and their families with roof replacement is turning things around.

WHITTIER, Calif. (KABC) -- It has been a difficult journey for Mary Jean Berling since she lost her husband of nearly 55 years, but a program helping Veterans and their families with roof replacement is helping turn things around.

William Berling was an Army Veteran who served in the Korean War. He lost his battle against Alzheimer's in 2017.

"It was very sad because he had been sick for a long time," Mary Jean Berling said.

The Veteran's wife said he enjoyed helping his community, volunteering with the sheriff's department after retirement - always fixing things around the neighborhood.

"Oh, he would be so proud that we're having this done. He was such a go-getter for getting things done, you know, around the house and for other people," Berling said.

The community is now giving back to Berling's widow.

She said her roof was leaking and she couldn't afford to fix it. Money is tight and she's still healing from a broken back in 2019.

The Owens Corning Roof Deployment Project teamed up with Habitat for Humanity and Certified Roofing Specialists to replace it.

Rolando Noriega, an area sales manager with the project, said the goal is to give back to Veterans and their families.

"Oh, its been great. We've donated over 200 projects across the country. We partner with Habitat for Humanity and our local contractors in the area and the community loves it," Noriega said.

Berling called it, "unbelievable," adding, "We're just elated. We really needed the help."

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A Florida man pleaded guilty today in the Southern District of Florida to a $6.9 million conspiracy to defraud Medicare by paying kickbacks and bribes to obtain doctors’ orders for medically unnecessary lab tests that were then billed to Medicare. The defendant exploited the COVID-19 pandemic by bundling COVID-19 testing with other forms of testing that patients did not need, including genetic testing and tests for rare respiratory pathogens.

According to court documents, Christopher Licata, 45, of Delray Beach, admitted that, as owner of Boca Toxicology LLC (dba Lab Dynamics), he bribed patient brokers who would refer Medicare beneficiaries and doctors’ orders authorizing medically unnecessary genetic testing to Licata’s laboratory. Licata and these patient brokers entered into sham agreements to disguise the true purpose of these payments. Once the COVID-19 pandemic began, Licata exploited patients’ fears of COVID-19 by bundling COVID-19 tests with more expensive, medically unnecessary testing, including respiratory pathogen panel testing and, at times, genetic testing for cardiovascular diseases, cancer, diabetes, obesity, Parkinson’s, Alzheimer’s and dementia. In total, Licata caused his laboratory to submit over $6.9 million in false and fraudulent claims to Medicare for these medically unnecessary tests.

Licata pleaded guilty to one count of conspiring to commit health care fraud. He is scheduled to be sentenced on March 24 and faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Special Agent in Charge George L. Piro of the FBI’s Miami Field Office; and Special Agent in Charge Omar Pérez Aybar of the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) made the announcement.

The FBI’s Miami Field Office and HHS-OIG are investigating the case.

Trial Attorneys Jamie de Boer and Dermot Lynch of the Criminal Division’s Fraud Section are prosecuting the case.

In May 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the department in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

The Fraud Section leads the Health Care Fraud Strike Force. Since its inception in March 2007, the Health Care Fraud Strike Force, which maintains 15 strike forces operating in 24 federal districts, has charged more than 4,600 defendants who have collectively billed federal health care programs and private insurers for approximately $23 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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A Florida owner of multiple diagnostic testing laboratories was sentenced today in the Southern District of Florida to 82 months in prison for a scheme to defraud the United States and to pay and receive kickbacks through exploiting regulatory waivers put in place to ensure access to health care during the COVID-19 pandemic.

According to court documents, Leonel Palatnik, 42, of Aventura, as a co-owner of Panda Conservation Group LLC (Panda), conspired with other co-owners of the company and with Michael Stein, the owner of 1523 Holdings LLC, to pay illegal kickbacks to Stein in exchange for his work arranging for telemedicine providers to authorize genetic testing orders for Panda’s laboratories. 1523 Holdings and Panda then exploited temporary amendments to telehealth restrictions enacted during the pandemic, which were intended to expand access to care for Medicare recipients by making it easier for beneficiaries to receive needed medical care from home. Palatnik and his co-conspirators took advantage of these waivers by using telehealth providers to authorize thousands of medically unnecessary cancer and cardiovascular genetic testing orders. In exchange, Panda gave these providers access to beneficiary information and the opportunity to bill for purported telehealth consultations with Medicare recipients, which often did not take place. On Aug. 31, Palatnik pleaded guilty to one count of conspiracy to defraud the United States and offer kickbacks and one count of paying a kickback.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting Assistant Director Jay Greenberg of the FBI’s Criminal Investigative Division; and Special Agent in Charge Omar Pérez Aybar of the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG) made the announcement.

The FBI’s Miami and Dallas Field Offices and HHS-OIG are investigating the case, with assistance from the FBI’s Healthcare Rapid Response Team.

Trial Attorney Ligia Markman of the National Rapid Response Strike Force is prosecuting the case.

The case against Palatnik was brought as part of the COVID-19 Health Care Fraud coordinated law enforcement action on May 26 against 14 defendants in seven judicial districts. Palatnik was charged along with Stein, who is currently awaiting trial. The law enforcement action was brought in coordination with the Health Care Fraud Unit’s COVID-19 Interagency Working Group, which is chaired by the National Rapid Response Strike Force and organizes efforts to address illegal activity involving health care programs during the pandemic.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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Congress won’t start dealing with the federal budget again in earnest until after the holidays, but Veterans Affairs Secretary Denis McDonough isn’t waiting until then to sound the alarm on the issue.

In a press call with reporters last week, McDonough called reports of a possible full-year budget extension for federal agencies a looming disaster for Veterans care, Veterans benefits and department operations.

“It would have a significant negative impact,” he said.

“The Veterans Health Administration budget would be shorted $941 million in community care funds. … The construction account would be $458 million below the president’s request, causing delays and cost increases. And the Veterans Benefits Administration would be $259 million lower, which would prevent us from hiring and training staff.”

The new fiscal year for the federal government began Oct. 1 without a new budget adopted by Congress. Lawmakers twice have extended fiscal 2021 spending levels into the new fiscal year, with those authorities set to end in mid-February.

House and Senate leaders will have to reach a new budget extension or negotiate a full-year budget plan by then in order to avoid a partial government shutdown.

But McDonough — along with other administration officials — are warning that another budget extension will hurt federal operations and that lawmakers should finalize plans for a full-year spending deal instead.

“It’s a source of concern for me and it is occupying a good amount of my time right now,” McDonough said. “This is a natural time, as we come to the end of the calendar year, to be thinking ahead about the kinds of things that will be major priorities for us when we flip the calendar, and this [budget problem] is on my mind.”

The White House has proposed $270 billion for VA operations and benefits in fiscal 2022, up about 12 percent from last year. Plans call for a 13.5% raise in mental health care spending (to $10.7 billion), a 14.5% boost in homelessness prevention ($2.6 billion), and a 12% boost in gender-specific care programs (over $700 million).

All of those increases have been on hold for the last three months as department officials await a new budget. The budget extensions have locked them in at fiscal 2021 spending levels, without the planned plus-ups for those programs.

Without those increases “I can’t rule out impacts on individual Veterans’ lives,” McDonough said.

“We’ll obviously work really hard to mitigate that,” he said. “But, especially in the context of the ongoing pandemic, I’d hate to have to make these sets of balancing decisions.”

The VA budget proposal has not faced specific opposition from either party on Capitol Hill, but has been stalled because of broader budget fights among Democrats and Republicans.

Earlier this month, Defense Secretary Lloyd Austin issued a similar statement on the potential danger of a full year continuing resolution, saying it could hurt personnel support services and readiness initiatives.

Lawmakers are expected to resume their budget deliberations when they return to Capitol Hill in January.

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Local Veterans are expressing their disappointment after seeing their push for House Bill 2540 -- done in part to honor the memory of Laredo's Lance Cpl. David Lee Espinoza -- fall short on Thursday.

House Bill 2540 was written by Rep. Richard Raymond and aimed to award G.I. Bill rights to other members of a military member's family if they died while single and with no kids. Rep. John Kuempel's Chief of Staff informed the Veterans during a conference call that the bill would not be able to make the deadline for being heard this session, and they now must wait two years before trying again.

“It's like emotions are coming back again, the emotions of disappointment,” Veterans of Foreign Wars 9194 Post Adjutant Ricardo Quijano told Madden. “We are trying to do something here for Veterans and the future of Veterans, and it is very disappointing that the chairman of the higher education committee did not put this on the agenda when I left messages and I called them multiple times, and that is when I started researching of who is the chairman and that’s when I started contacting them.”

Quijano brought the idea for House Bill 2540 to his supervisor at the Webb County Veterans Affairs Office after meeting with Espinoza's siblings. He was one of several Veterans providing insight to Raymond as he worked to expand benefits under the Hazlewood Act. Quijano said he was especially frustrated because the bill was filed back on Feb. 13.

Espinoza’s mother, Elizabeth Holguin, was also involved in the call and said she was saddened the bill would not be heard. She showed a certificate explaining how he was assured $97,596.17 in GI Bill funds upon his recruitment, and she questioned what happens to that money now.

“Where does this money go? This was what he was supposed to receive,” Holguin said. “I understand that he was the one enlisted, but we all paid the ultimate sacrifice as his family, and I would really like to know where is this money going since it was already assigned to it.”

Holguin thanked Quijano and the other Veterans for their continued support.

VFW Post 9194 Junior Vice Commander Maxine Riveles said she was frustrated and emotional from the news.

“I think we brought it up with enough time, and obviously the response that we are getting wasn’t what I was expecting,” she said. “Some Veterans may sign up for love for their country, and some people may sign up because there are benefits and are like, 'let me do this.' Regardless whether you did it for love for your country, you knew when you signed up knowing that you had all these benefits, and then you are gone and everything ends.”

VFW Post 9194 Commander Gilberto Gonzalez told Holguin and Madden that they will continue working to make sure the bill has a better chance next time.

Raymond told LMT that support was there for the bill but that more is needed for it to be chosen.

“We have passed and are passing several bills that help or benefit Veterans,” he said. “This bill, if it passed, would help siblings of Veterans. Obviously I support it and many legislators support it, but right now not enough of them support it.”

Madden said the Veterans can use the intermittent time between sessions to network with state representatives, members of the higher education committee or even a state senator who is willing to co-sponsor the bill. She also suggested having the writer of the bill meet with the committee chairman. Madden thanked Holguin for her family's sacrifice and said she'd update Kuemple on what was discussed during the call.

Quijano said he will speak with Raymond and Rep. Tracy O. King about the bill in order to get support for the next session. He also wants to request a meeting with State Sen. Judith Zaffirini to ask her to support the bill as well.

“In July, Veterans of Foreign Wars members are going to Austin for an officer training seminar which all officers and members in the state of Texas go, and we are going to voice what was said in this meeting,” Quijano said. “We are going to contact the Seguin VFW to explain HB 2540 and the meeting we just had. It was so cold that way it was said, that the chairman chooses what bills go before the committee. That is what angered us all. It is a shame what State Representative John Kuempel from District 44 did to the siblings of those who sacrificed all. That’s what this bill was.”

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House appropriators on Thursday backed the White House plan for a Department of Veterans Affairs budget of more than $300 billion in fiscal 2023, but with more transparency as to how medical costs are driving up that total annually.

Members of the House Appropriations Committee approved the spending plan by a party-line vote of 32-26. The measure also includes $15.1 billion for military construction projects, $2.9 billion above President Joe Biden’s budget request.

“Our Veterans, servicemembers, and their families have made immense sacrifices to protect and serve our nation, and it is our duty to make sure they have the support they need and deserve,” Appropriations Committee Chairwoman Rosa DeLauro, D-Conn., said in a statement.

“This critical legislation builds on our commitment to our Veterans with targeted funding to enhance mental health care, suicide prevention, and substance use disorder programs, advance women’s health and whole health initiatives, and provide homelessness assistance to our Veterans most in need.”

The measure also separates VA medical care spending into its own budget category, apart from other defense and non-defense discretionary spending. The move has been requested by Veterans Affairs officials.

“The way it helps is that you can see tangibly the escalating cost of VA health care, which helps us consider those expenses more specifically and clearly,” said Rep. Debbie Wasserman Schultz, D-Fla., chairwoman of the committee’s panel on Veterans issues.

“We’re getting a significant rise in VA medical care costs and that’s expected to continue to go up exponentially. So we’re making sure that we can find a way to address the rising costs of the VA funding without it eclipsing all of the other funding for discretionary programs across all the [federal appropriations] bills.”

The VA budget proposal — the largest in department history — has nearly $119 billion for Veterans medical care in fiscal 2023, up 22% from current year levels.

That includes $13.9 billion for mental health care (up 6% from this year), $911 million for gender specific health care programs (up 8%) and $183 million for substance abuse disorder programs (up 17%).

Homeless assistance programs would be boosted to $2.7 billion, up 24% from current year levels.

The full House chamber will likely vote on the spending plan next month, but the fate of the appropriations bill is uncertain after that. Senate appropriators have not yet released their plans for the VA or military construction budgets yet.

The two chambers hope to agree on a compromise spending plan before the start of the new fiscal year, which starts on Oct. 1.

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RALEIGH, N.C. – A Las Vegas, Nevada man pleaded guilty today to Conspiracy to Commit Health Care Fraud and Wire Fraud, Conspiracy to Commit Money Laundering, and Aggravated Identity Theft, and further agreed to forfeit the proceeds of his crimes. In additional to cash, forfeitable property included the defendant’s interest in a British Aerospace Bae 125-800A Aircraft, a 2017 Aston Martin DB 11 sports car; a 2016 Ford F-150 Super-Crew pickup truck; real property held in the name of Assured Healthcare Systems in Hertford County, North Carolina; real property located in Charles County, Maryland; as well as various other items of designer jewelry and luxury items seized from the defendant’s penthouse condominium in Las Vegas.

According to court documents, Timothy Mark Harron, 52, admitted to conspiring with his wife, Latisha Harron, to carry out a massive fraud upon the North Carolina Medicaid Program (“NC Medicaid”) by billing the government for fictitious home health services. Harron further admitted to working with his wife to launder the proceeds of the fraud into, among other things, a private jet, luxury jewelry and clothing, and properties in Ahoskie and Rich Square, North Carolina. Latisha Harron has already pleaded guilty to similar charges and is awaiting sentencing.

According to the charges, Latisha Harron created, and was operating, Agape Healthcare Systems, Inc. (“Agape”) an alleged Medicaid home health provider, in Roanoke Rapids, North Carolina. As charged, to enroll Agape as a Medicaid provider, Latisha Harron fraudulently concealed her prior felony conviction for Identity Theft. In 2012, Harron moved out of North Carolina to Maryland. Despite that move, Harron continued to bill NC Medicaid as though Agape was providing home health services to North Carolina recipients.

As charged, in May of 2017, Latisha Harron moved to Las Vegas, Nevada to live with the defendant Timothy Mark Harron, and that the two were married in 2018. The indictment alleges that Harron was also a previously convicted felon, and that this fact was concealed from the NC Medicaid on enrollment documents. Harron pleaded guilty to allegations that he and his wife worked together to expand the Agape fraud upon NC Medicaid -- fraudulently billing the program for millions in just the few years in which he participated in the scheme.

As charged, Harron admitted that he and his wife carried out the fraud by exploiting an eligibility tool that was entrusted only to NC Medicaid providers. Specifically, Harron and his wife searched publicly available sources, such as obituary postings on the internet by North Carolina funeral homes, to locate recently deceased North Carolinians. Harron admitted that the two would then extract from the obituary postings certain personal information for the deceased, including their name, date of birth, and date of death. Then, utilizing the extracted information, the defendants would then query the NC Medicaid eligibility tool to determine whether the deceased individual had a Medicaid Identification Number. If the deceased North Carolinian had a valid Medicaid Identification Number and was otherwise eligible for Medicaid coverage during their life, the defendants would use that individual’s identity to “back-bill” NC Medicaid, through Agape, for up to one year of fictitious home health services that were allegedly rendered prior to the death of the individual. NC Medicaid then disbursed millions to Agape, all of which flowed into accounts controlled by the Harrons.

As charged, the fraud was carried out via the internet from locations around the globe, including their corporate office building in Las Vegas, their penthouse condominium in Las Vegas, a corporate office in North Carolina, and from various hotels and luxury resorts in and outside of the United States.

Harron further pled guilty to laundering the proceeds of the Agape fraud into various luxury items. These expenses included a $900,000 wire for the purchase of a British Aerospace Bae 125-800A private jet, hundreds of thousands of dollars in Tiffany & Co. and Brioni clothing and jewelry, thousands of dollars on Eastern North Carolina business properties, and thousands of dollars in gym equipment.

Harron pleaded guilty to (1) Conspiracy to Commit Health Care Fraud and Wire Fraud, in violation of Title 18, United States Code, Section 1349, which carries a maximum punishment of up to 20 years in prison, (2) one count of Aggravated Identity Theft, in violation of Title 18, United States Code, Section 1028A, which carries a maximum punishment of not less than, nor more than 2 years in prison consecutive to other sentences, and (3) Conspiracy to Commit Money Laundering, in violation of Title 18, United States Code, Section 1956(h), which carries a maximum punishment of 10 years in prison.

Acting United States Attorney G. Norman Acker, III made the announcement after U.S. District Judge Richard E. Myers II accepted the plea. The Federal Bureau of Investigation, the United States Department of Health and Human Services Office of the Inspector General, the Internal Revenue Service Criminal Investigation, and the North Carolina Attorney General’s Office Medicaid Investigations Division, are all investigating the case. Assistant U.S. Attorney William M. Gilmore is the prosecutor on this case. Assistant U.S. Attorney John Harris represents the United States with respect to forfeiture aspects of the case.

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LAS VEGAS, Nev. — A Las Vegas resident pleaded guilty in federal court yesterday to fraudulently obtaining nearly $1.2 million in Social Security Administration (SSA) and Department of Veterans Affairs (VA) benefits, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.

Javier Montano, 57, of Las Vegas, pleaded guilty to one count of theft of government funds. He is scheduled to be sentenced by U.S. District Judge Jennifer Dorsey on December 14, 2020.

According to court documents, Montano — who was the branch manager of a bank in Las Vegas — received information about two accounts with large balances and no activity:

The first account (Account A) was held by a Las Vegas resident who was receiving SSA retirement benefits. The individual passed away in February 1997. The SSA was not notified about the individual’s death, and benefits continued to be paid into the account.

The second account (Account B) was held by a Las Vegas resident who was receiving both SSA retirement benefits and VA benefits. The individual passed away in June 2011. Neither the SSA nor the VA was notified about the individual’s death, and benefits continued to accumulate in the account.

Through a bank computer, Montano ordered debit cards for both accounts, using them to withdraw cash — which he either spent or deposited into his personal bank account — and to make purchases for his personal use and benefit. In addition, Montano ordered and wrote checks (for his personal use) for Account B. Montano also used his authority as a branch manager to authorize a $35,000 cashier’s check from Account B. He then used the funds to buy a luxury car, which he has agreed to forfeit to the United States.

In total, between August 2015 and June 2020, Montano fraudulently obtained: (a) approximately $436,686.80 in SSA benefits to which he was not entitled; and (b) approximately $757,985.88 in VA benefits to which he was not entitled.

The statutory maximum penalty faced by Montano is 10 years in prison and a $250,000 fine. The sentencing of a defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

This case was the product of an investigation by the Social Security Administration, Office of Inspector General, and Department of Veterans Affairs, Office of Inspector General. Assistant U.S. Attorney Jamie Mickelson is prosecuting the case.

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Sen. Johnny Isakson, R-Ga., is demanding answers from the Department of Veterans Affairs after a Vietnam War Veteran was reportedly found last week covered in ants and ant bites before he died at a Georgia VA nursing home.

Joel Marrable, who served in the Air Force, had more than 100 ant bites when his daughter visited him at the Eagle's Nest Community Living Center in Decatur, the Atlanta Journal-Constitution reported. Laquna Ross said her father died shortly after being bitten in two incidents while battling cancer.

"I am shocked, horrified and downright maddened by the news that a Veteran under the care of the VA was treated so poorly and without any regard for his wellbeing,” Isakson, the chairman of the Senate Committee on Veterans’ Affairs, said in a strongly-worded statement. “This patient, at the end of his life, was clearly not being monitored closely enough, and I am so sad for his family who had to discover his insect-infested conditions before anything was reportedly done.

Ross said she found ants all over Marrable's room, including the ceiling, walls and beds, during a visit, WSB-TV reported. She said her father was covered in swollen red bumps and both his hands were covered in bites.

She told the news station the room was cleaned and her father was bathed, but the ants came back the next day. Marrable was moved to another room, where he later died.

“He served his country in the Air Force, and I think that he deserved better,” Ross told the outlet.

The VA apologized for the conditions and the staff's actions, the station said. The agency said the nursing home was cleaned and inspected for ants.

The VA did not immediately respond to a Fox News request for comment.

Isakson said he is demanding answers from recently-confirmed VA Deputy Secretary James Byrne.

"I've also spoken with the Veteran's daughter and offered to help in any way I can to ensure that her family is taken care of and that those who allowed these conditions to persists to be held accountable to the fullest extent."

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Lawmakers in recent days took the first steps in ensuring that Veterans receive a cost-of-living boost in their federal benefits later this year, introducing legislation that would guarantee the Veterans’ checks see the same increase as Social Security payouts.

The measure was filed by Reps. Elaine Luria, D-Va., and Troy Nehls, R-Texas, late last week and by Sens. Jon Tester, D-Mont., and Jerry Moran, R-Kansas, on Monday. In joint statements, the four called the proposal critical to bolstering Veteran’s finances.

“We have a responsibility to take care of our Veterans, many of whom rely on VA for financial support,” said Moran, ranking member of the Senate Veterans’ Affairs Committee.

“As rampant inflation is driving up the cost of living, this legislation helps make certain that Veterans are able to keep up with our changing economy and receive the benefits they have been promised.”

The legislation linking the two government benefits is largely routine. Typically, lawmakers approve the annual proposal to couple VA benefits increases with Social Security benefits increases by large bipartisan margins.

But it isn’t automatic. Despite efforts by some advocates in the past, an annual cost-of-living increase in Veterans benefits requires congressional action. Social Security benefits, on the other hand, are adjusted based on an automatic formula that is triggered whether lawmakers vote on it or not.

Last year, as inflation pressures began to impact the American economy, that increase was 5.9%. Officials have not said what this year’s adjustment may be, but continued rising costs across the economy could drive that figure even higher.

The VA COLA increase legislation would apply to payouts for disability compensation, clothing allowance, dependency and indemnity benefits, and other VA assistance programs.

“Transitioning from active duty to civilian life is not always easy, and a cost-of-living adjustment is the least we can do for the men, women, and families who served our country,” said Luria, herself a Navy Veteran.

Tester, who serves as chairman of the Senate Veterans’ Affairs Committee, said the bill will “ensure [Veterans] benefits are keeping pace with the changing economy.”

No timetable has been set for when either chamber could vote on the proposal.

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Veterans exposed to toxic substances during their military service could qualify for additional care and benefits from the Department of Veterans Affairs under landmark legislation reintroduced in Congress this week.

The Toxic Exposure in the American Military (TEAM) Act creates sweeping mandates for VA to further research, track and care for eligible Veterans who fall ill because of exposure to toxic substances during service -- perhaps the most comprehensive legislation on military toxic exposures ever introduced in Congress.

The TEAM Act was introduced by Sen. Thom Tillis, R-N.C., who represents one of the largest populations of troops and Veterans in the country, including the largest Army base in the world, Fort Bragg. Sen. Maggie Hassan, D-N.H., who represents Pease Air Force Base where troops and their families have been exposed to high levels of "forever chemicals" including PFAS, cosponsored the bill at its introduction.

Last year, the bill passed out of the Senate Veterans Affairs Committee, a key endorsement, but did not receive a vote on the Senate floor before the end of the year, meaning it had to be reintroduced in 2021. Tillis said in a press conference on Tuesday he believed the reason the bill didn't pass last year was because of its late introduction, and now he and Hassan are working to partner with House members on a companion bill, and that additional amendments and provisions are on the table.

"We're trying to put a framework in place that lets us end mistakes we made dating back to Agent Orange," Tillis said. "When a Veteran is experiencing an illness, they've got so many other distractions on their mind, we should not make it difficult for them to get the care they deserve."

The bill aims to allow VA to potentially expand benefits and health care to thousands of Veterans by allowing VA to more efficiently add presumptive conditions for troops exposed to toxic substances, such as herbicides and burn pits, and provide consultations, testing and treatment, among other major mandates. Toxic exposures have increasingly gained attention as Veterans and troops sicken with rare cancers, respiratory and fertility issues, especially those who served in Afghanistan and Iraq.

"Burn pits are the issue on top of mind, but we really want to get to a point where it's on the independent commission (established under the bill) and a relationship with the National Academies to very quickly have a science-based approach to providing presumptions for Veterans," Tillis said Tuesday. "We're providing a presumption framework that favors the Veteran."

Millions of Veterans have been exposed to toxic hazards just since 2001, along with generations of troops who came before. But after nearly two decades of war, the Department of Veterans Affairs still denies the majority of claims for burn pits, one of the most common exposures troops experience.

As of March 10, 233,406 Veterans and service members have added themselves to the VA Airborne Hazards and Open Burn Pit Registry, open to those who have served since 1990. VA has previously estimated as many as 3.5 million Veterans and troops have been affected by burn pits alone.

Surveys from Veteran service organizations including Iraq and Afghanistan Veterans of America and Wounded Warrior Project show a majority of respondents report toxic exposures of some kind, and most said they were not receiving care for those exposures at VA. Veteran service organizations have made multiple presentations to Congress in recent years arguing that toxic exposures should be a top legislative priority. Veterans have testified before lawmakers again and again about the rare cancers and other severe, and often fatal, conditions they believe have been caused by toxic exposures they suffered, or lost friends to.

But progress remains slow, despite lawmakers continually saying they don't want to repeat the mistakes of Agent Orange exposures, forcing Veterans to wait decades for care and benefits. Meanwhile, VA continues to deny thousands of claims.

"We don't want to repeat the mistakes of Agent Orange," Tillis said again Tuesday. "If we don't get it right (burn pits) could be our next Agent Orange."

VA has received 15,513 claims from Veterans of conditions specifically related to burn pits. The most common issues claimed are respiratory conditions. VA has denied 11,964 burn pit-related claims, or about 77%, approving 3,549, or about 29%, according to data provided to Connecting Vets.

"Unfortunately toxic exposure has become synonymous with military service,” said Kristina Keenan of the Veterans of Foreign Wars.

Establishing a firm link between toxic exposures and the illnesses they cause has proved difficult over the years, as Pentagon records of exposures are notoriously incomplete or nonexistent -- including the locations of burn pits and other hazards -- leaving Veterans waiting as they grow more ill or die. Both VA and the Defense Department -- the two largest federal agencies -- place the burden on Veterans and their families to prove they were exposed, when and where with documents that often don't exist.

"We often place a huge onus on our Veterans and service members, especially those who have been exposed to toxic environments," Hassan said Tuesday. "We have to make sure we're addressing the health challenges that occurred as a result of their service."

"We need to start thinking, even before they reach Veteran status, about... potential exposures that we should be mindful of," Tillis said.

The TEAM Act is the culmination of years of effort from the TEAM Coalition of more than 30 Veteran service organizations, along with researchers, advocates and others working to codify care for Veterans afflicted by their toxic exposures.

"The TEAM Coalition has been working hard to ensure that toxic exposures are not something we're going to be fighting to address a generation from now," said Aleksander Morosky, Wounded Warrior Project government affairs specialist.

Veterans eligible for consultations, testing and treatment under the bill would include those who received hazardous duty pay for more than one day, or who have been identified by the Pentagon as possibly exposed inside or outside the U.S. to burn pits or other toxic substances or visited a location where service members were potentially exposed.

The authority to decide which illnesses qualify as service-connected resides with the Department of Veterans Affairs secretary.

The bill would:

- Require VA provide consultation, testing and treatment for eligible Veterans who received hazardous duty pay, or were exposed to toxic substances with no copays;

- Permanently reauthorize VA's authority to establish presumptive service connection for diseases associated with herbicide exposure;

- Allow the VA Secretary to establish additional presumptives for illnesses linked to certain toxic substances;

- Establish a Toxic Exposure Review Commission to authorize further research on exposures;

- Formalize an agreement with the National Academies of Sciences, Engineering and Medicine to report on scientific evidence for illnesses linked to exposures;

- Require analysis of Veterans exposed to toxic substances to help identify those most at risk and provide regular reports to Congress;

- Require VA create a list of resources to be published for Veterans exposed to toxicants, and an outreach program for those Veterans, their caregivers and survivors;

- Incorporate toxic exposure questionnaires during primary care appointments;

- Create a portal for Veterans to access their Individual Longitudinal Exposure Record;

- Require VA establish training for its staff on illnesses linked to toxic exposure.

The bill gives authority to VA leadership to determine illnesses that qualify for service-connected benefits, as has been the case in the past. But to avoid delays Agent Orange-exposed Veterans and others have faced as VA weighs whether to expand benefits, the bill requires VA to make a decision within 60 days of a National Academies of Sciences report linking illnesses to exposures.

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Veterans exposed to toxic substances during their military service could qualify for additional care and benefits from the Department of Veterans Affairs under landmark legislation reintroduced in Congress this week.

The Toxic Exposure in the American Military (TEAM) Act creates sweeping mandates for VA to further research, track and care for eligible Veterans who fall ill because of exposure to toxic substances during service -- perhaps the most comprehensive legislation on military toxic exposures ever introduced in Congress.

The TEAM Act was introduced by Sen. Thom Tillis, R-N.C., who represents one of the largest populations of troops and Veterans in the country, including the largest Army base in the world, Fort Bragg. Sen. Maggie Hassan, D-N.H., who represents Pease Air Force Base where troops and their families have been exposed to high levels of "forever chemicals" including PFAS, cosponsored the bill at its introduction.

Last year, the bill passed out of the Senate Veterans Affairs Committee, a key endorsement, but did not receive a vote on the Senate floor before the end of the year, meaning it had to be reintroduced in 2021. Tillis said in a press conference on Tuesday he believed the reason the bill didn't pass last year was because of its late introduction, and now he and Hassan are working to partner with House members on a companion bill, and that additional amendments and provisions are on the table.

"We're trying to put a framework in place that lets us end mistakes we made dating back to Agent Orange," Tillis said. "When a Veteran is experiencing an illness, they've got so many other distractions on their mind, we should not make it difficult for them to get the care they deserve."

The bill aims to allow VA to potentially expand benefits and health care to thousands of Veterans by allowing VA to more efficiently add presumptive conditions for troops exposed to toxic substances, such as herbicides and burn pits, and provide consultations, testing and treatment, among other major mandates. Toxic exposures have increasingly gained attention as Veterans and troops sicken with rare cancers, respiratory and fertility issues, especially those who served in Afghanistan and Iraq.

"Burn pits are the issue on top of mind, but we really want to get to a point where it's on the independent commission (established under the bill) and a relationship with the National Academies to very quickly have a science-based approach to providing presumptions for Veterans," Tillis said Tuesday. "We're providing a presumption framework that favors the Veteran."

Millions of Veterans have been exposed to toxic hazards just since 2001, along with generations of troops who came before. But after nearly two decades of war, the Department of Veterans Affairs still denies the majority of claims for burn pits, one of the most common exposures troops experience.

As of March 10, 233,406 Veterans and service members have added themselves to the VA Airborne Hazards and Open Burn Pit Registry, open to those who have served since 1990. VA has previously estimated as many as 3.5 million Veterans and troops have been affected by burn pits alone.

Surveys from Veteran service organizations including Iraq and Afghanistan Veterans of America and Wounded Warrior Project show a majority of respondents report toxic exposures of some kind, and most said they were not receiving care for those exposures at VA. Veteran service organizations have made multiple presentations to Congress in recent years arguing that toxic exposures should be a top legislative priority. Veterans have testified before lawmakers again and again about the rare cancers and other severe, and often fatal, conditions they believe have been caused by toxic exposures they suffered, or lost friends to.

But progress remains slow, despite lawmakers continually saying they don't want to repeat the mistakes of Agent Orange exposures, forcing Veterans to wait decades for care and benefits. Meanwhile, VA continues to deny thousands of claims.

"We don't want to repeat the mistakes of Agent Orange," Tillis said again Tuesday. "If we don't get it right (burn pits) could be our next Agent Orange."

VA has received 15,513 claims from Veterans of conditions specifically related to burn pits. The most common issues claimed are respiratory conditions. VA has denied 11,964 burn pit-related claims, or about 77%, approving 3,549, or about 29%, according to data provided to Connecting Vets.

"Unfortunately toxic exposure has become synonymous with military service,” said Kristina Keenan of the Veterans of Foreign Wars.

Establishing a firm link between toxic exposures and the illnesses they cause has proved difficult over the years, as Pentagon records of exposures are notoriously incomplete or nonexistent -- including the locations of burn pits and other hazards -- leaving Veterans waiting as they grow more ill or die. Both VA and the Defense Department -- the two largest federal agencies -- place the burden on Veterans and their families to prove they were exposed, when and where with documents that often don't exist.

"We often place a huge onus on our Veterans and service members, especially those who have been exposed to toxic environments," Hassan said Tuesday. "We have to make sure we're addressing the health challenges that occurred as a result of their service."

"We need to start thinking, even before they reach Veteran status, about... potential exposures that we should be mindful of," Tillis said.

The TEAM Act is the culmination of years of effort from the TEAM Coalition of more than 30 Veteran service organizations, along with researchers, advocates and others working to codify care for Veterans afflicted by their toxic exposures.

"The TEAM Coalition has been working hard to ensure that toxic exposures are not something we're going to be fighting to address a generation from now," said Aleksander Morosky, Wounded Warrior Project government affairs specialist.

Veterans eligible for consultations, testing and treatment under the bill would include those who received hazardous duty pay for more than one day, or who have been identified by the Pentagon as possibly exposed inside or outside the U.S. to burn pits or other toxic substances or visited a location where service members were potentially exposed.

The authority to decide which illnesses qualify as service-connected resides with the Department of Veterans Affairs secretary.

The bill would:

• Require VA provide consultation, testing and treatment for eligible Veterans who received hazardous duty pay, or were exposed to toxic substances with no copays;
• Permanently reauthorize VA's authority to establish presumptive service connection for diseases associated with herbicide exposure;
• Allow the VA Secretary to establish additional presumptives for illnesses linked to certain toxic substances;
• Establish a Toxic Exposure Review Commission to authorize further research on exposures;
• Formalize an agreement with the National Academies of Sciences, Engineering and Medicine to report on scientific evidence for illnesses linked to exposures;
• Require analysis of Veterans exposed to toxic substances to help identify those most at risk and provide regular reports to Congress;
• Require VA create a list of resources to be published for Veterans exposed to toxicants, and an outreach program for those Veterans, their caregivers and survivors;
• Incorporate toxic exposure questionnaires during primary care appointments;
• Create a portal for Veterans to access their Individual Longitudinal Exposure Record;
• Require VA establish training for its staff on illnesses linked to toxic exposure.

The bill gives authority to VA leadership to determine illnesses that qualify for service-connected benefits, as has been the case in the past. But to avoid delays Agent Orange-exposed Veterans and others have faced as VA weighs whether to expand benefits, the bill requires VA to make a decision within 60 days of a National Academies of Sciences report linking illnesses to exposures.

—For information on how to add yourself to VA's burn pit and airborne hazard registry, click here.

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After Teri and Patrick Caserta’s son, Navy Aviation Electrician’s Mate Striker Brandon Caserta, died by suicide in June 2018, the couple channeled their grief into raising awareness of the impact that leadership can have on junior sailors and the struggles facing troops who need mental health care.

Since Brandon’s death, the Casertas have walked the hallways of Congress pressing for legislation they believe could save lives: a way for service members in a mental health crisis to “tap out” of their situations, getting help without retribution.

At least one lawmaker seems to be listening.

During a Senate Armed Services personnel subcommittee hearing Wednesday on military and Veterans suicides, Sen. Kirsten Gillibrand, D-N.Y., recounted Caserta’s death and asked pointed questions about “toxic” leadership, as well as Pentagon policies that require mental health professionals to notify a command in some behavioral health cases.

Gillibrand asked Navy Capt. Michael Colston, the Defense Department’s director for mental health programs, whether command climate could discourage a service member from seeking help.

“Would you agree that … fearing retribution from supervisors, and the possibility of a mental health provider contacting his command, may have dissuaded Brandon from seeking help?” Gillibrand asked.

Before his death, Caserta was struggling with several problems, including depression over washing out of Navy Basic Underwater Demolition/SEAL training after breaking his leg, disappointment in his new rating and job, and stress over his immediate supervisor, a petty officer who was known to be verbally abusive and had been shifted between units for his behavior.

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With less than two months left in 2021, lawmakers are warning that time is growing short for Congress to sort through the procedural hurdles necessary to get the 2022 National Defense Authorization Act signed into law.

In a press conference Nov. 2, 13 Republican senators called on Sen. Chuck Schumer (D-N.Y.), the majority leader, to immediately bring the 2022 NDAA to the floor of the Senate for a vote. The Senate Armed Services Committee reported its version of the bill to the full Senate on Sept. 22, and the House passed its version a day later. Once the Senate votes on its bill, the two versions will have to be reconciled in conference, voted on again, and sent to the President’s desk for signature.

“Even though the National Defense Authorization Act is bipartisan and fulfills Congress’s most important duties—to provide for the common defense and take care of our troops—Sen. Schumer still won’t let us vote on the bill,” SASC Ranking Member Sen. Jim Inhofe (R-Okla.) said in a statement. “Meanwhile, in the three months since the Armed Services Committee passed this bill, the threats we face around the world—China and Russia, North Korea and Iran, terrorist organizations in Afghanistan—have only gotten worse. By not prioritizing national security now, Sen. Schumer is sending a terrible message to our troops, allies, and adversaries.”

Inhofe added that by not bringing the bill to the floor, Schumer “has almost guaranteed this year will be one of the latest starts to the bicameral conference process ever.” In the past decade, the Senate has passed its version of the NDAA in November twice and December twice.

Inhofe and his fellow Republicans’ concerns were echoed across the aisle by Rep. Adam Smith (D-Wash.), chair of the House Armed Services Committee. Speaking with reporters, Smith said he “can’t argue with the Senate Republicans on this issue. There is no reason that this bill has not been put on the floor in the Senate,” according to Politico.

The NDAA is typically considered “must-pass” legislation and has been approved by Congress every year for more than half a century. While it does not actually appropriate the money spent on defense, the policy bill does authorize the appropriations and sets a host of policies and restrictions. It also typically sets a number of reports for the Pentagon to deliver to Congress, and without it, certain special pay authorizations will expire.

While more than 50 days are still left until the new year, shepherding a bill through the necessary parliamentary procedures could take weeks.

First, Schumer has to file a motion to proceed to a full vote on the bill, said Martin B. Gold, a partner at Capitol Counsel law firm and an expert on congressional rules. Once he does so, he can file a cloture motion on the motion to proceed in an attempt to limit debate. But once he does, Senate rules call for an intervening session before the cloture vote, which requires 60 votes to succeed.

Even then, Gold told Air Force Magazine, the rules call for up to 30 hours of debate before the actual vote on the motion to proceed. If the full time is used and the Senate isn’t in session around the clock, four days can pass from filing a motion to proceed to actually voting on it. And then the process restarts with the vote on the bill itself, with the same requirements for an intervening session and up to 30 hours of debate after cloture.

“The general rule of thumb for a bill like the NDAA is that you can anticipate something in the neighborhood of two weeks, start to finish, motion to proceed to final passage,” Gold said. “It’s an approximation.”

These timelines can be bypassed with a unanimous consent agreement, Gold noted, but just one objection would trigger the process. Ways exist to compress the timeline—by keeping the Senate in session nonstop and over the weekend.

Of course, once the Senate passes its bill, the process isn’t over. The Senate and the House will have to meet in conference to hash out the differences in their versions, then return the reworked bill to each chamber for a final vote.

The length of time it takes to work through the conference process is murky, but a Senate Armed Services Committee aide told Air Force Magazine that the committee typically plans for around three weeks to pass between the Senate and House coming to a basic agreement for a compromise and final passage in both chambers.

Advance “administrative” work can and is being done, the aide said, to ensure the conference process moves as quickly as possible.

Still, a time crunch is coming—both the Senate and House are scheduled to be in recess from Nov. 8 to 12, then again the week of Thanksgiving, and once more starting Dec. 13 until the end of the year. That leaves just three weeks of scheduled session, as Congress also debates a host of other issues, including President Joe Biden’s social spending bill and a dozen appropriations bills. Meanwhile, the continuing resolution currently funding the government expires after Dec. 3.

“The most powerful nation on Earth is running on autopilot,” Sen. Patrick Leahy (D-Vt.) said in a speech on the floor of the Senate on Nov. 4. “And we only have four weeks until the government shutdown, unless Congress takes action. It’s not a theoretical exercise. The actions we take or don’t take in this chamber, with respect to the fiscal year 2022 appropriations bills, affect people’s lives, but also the direction of this nation.”

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One Marine Veteran is working to protect 20 million Veterans from the pain he experiences every day.

Brian Tally has been working for years since he was irreparably injured by near-fatal Department of Veterans Affairs medical malpractice to ensure what happened to him does not happen to any other Veterans.

Two bills in Congress are named for Tally, and on Thursday, the House Veterans Affairs Committee for the first time brought one of those to a hearing.

"We have come a very long way in our efforts in changing an outdated law that has dishonored Veterans and their families for generations," Tally said. "We have fought for two years for a hearing. Our mission has been clear, consistent and positive from the very beginning, and that's protecting all Veterans who seek treatment at all VA hospitals and clinics."

The Brian Tally VA Employment Transparency Act would allow any Veteran or family member who has filed a claim against VA for damage, injury or death to be entitled to receive, within 30 days, a notice from VA about legal council, the employment status of anyone involved in the claim (including whether they work for VA or are a contractor) and the statute of limitations for the claim.

"Brian has been a tireless advocate for Veterans who sought care through VA and were harmed through negligence," Chairman Rep. Mark Takano, D-Calif. said during the hearing, adding that those Veterans should have the right to know "who caused the harm and what legal remedies are available so they can be made whole."

"It is unacceptable that any Veteran be denied the right to pursue a claim because of a lack of transparency by VA," said Rep. Mike Levin, D-Calif., a sponsor of the bill. "Brian Tally has been a tireless and effective advocate for this cause."

Levin asked VA officials during the Thursday hearing if there are policies in place at VA to communicate about their malpractice claims, including whether the medical professional was a contractor or VA staff before the statute of limitations expires.

Only one VA official present was able to answer the question at the hearing, but she could not be heard because of technical difficulties and was not physically present at the hearing.

"The answer is no and you know that," Levin said, in lieu of an answer. "It appears to be VA's position that it is acceptable for Veterans to be denied legal recourse because VA did not provide them the information in a timely manner... VA is unable to provide an unbiased opinion on what is in the Veteran's best interest because it is in direct conflict with what is in the VA's best interest."

VA's written testimony said it would be difficult for the department to keep track of claims and statutes of limitations for those malpractice claims.

"VA, a federal agency with a budget of over $200 billion," Levin said. "What makes you think it's easier for a Veteran to keep track of this information, especially without legal counsel?"

VA officials were unable to provide any answers to Levin's questions during the hearing.

‘If I waited, I would have died.’

Tally woke up one morning in 2016 with debilitating back pain that left him unable to stand or walk. Like many other Veterans before him, he headed to the VA -- a decision that changed his life forever.

A doctor Tally said he thought worked directly for VA, but was actually an independent contractor, botched his diagnoses, delaying or denying critical care for months. His family was forced to pay out-of-pocket for private care that eventually prompted a battery of tests and surgeries to discover, and then fight, a bone-eating staph infection that was destroying his spine and threatening his life.

“If I waited, I would have died,” Tally says now, practiced in retelling his own brush with death and his family’s hardships.

VA officials admitted that Tally received second-rate care at the VA emergency room in Loma Linda, Calif., about 56 miles outside of Los Angeles, according to documents obtained by Connecting Vets.

But a 73-year-old legal loophole allows VA to deflect responsibility for the malpractice, leaving Tally with no legal recourse, no way to seek recompense for losing his family car, his small business and putting him out of work for years.

VA deferred Tally’s federal tort claim, saying the VA employee responsible for the malpractice was a contractor and he had to file a state claim. Information they failed to pass along to Tally until it was too late and the statute of limitations in his state had expired, he said.

“We nearly lost everything,” Tally told Connecting Vets while walking steadily from one Congressional office to the next to promote his bills. “My life changed in ways I never imagined or saw coming. I live and feel it every day.”

But Tally has never given up. He knows what happened to him could happen to anyone -- with VA contractors nearly indistinguishable from normal VA employees, working “behind the VA veil,” he says.

“I’ve been called to serve,” the former football and baseball coach said, grimacing slightly in pain but with a ready smile for the next Congressional staffer, Senator or anyone else walking the halls around him in one of his last trips to Washington, D.C. to promote the bills. “Hopefully this shows other people that one person can make a difference. If I can just help one person, it will be worth it.”

The second bill in Congress named for Tally is the Brian Tally VA Medical Care and Liability Improvement Act which would ensure that VA health care contractors are subject to federal tort claims, to improve the accountability of VA physicians.

Other bills discussed by the committee included:

• H.R. 6039, which would require VA to take over the Mare Island Naval Cemetery from the city of Vallejo, Calif.;
• The Forgotten Vietnam Veterans Act, which would extend VA benefits to thousands of "forgotten" Vietnam Veterans by changing the cutoff dates for the war to match the Pentagon's;
• The Native American PACT Act, which would prohibit VA from collecting healthcare copays from a Veteran who is also a member of a Native American tribe;
• The Department of Veterans Affairs Tribal Advisory Committee Act, which would establish such a committee to advise VA on matters related to tribes and Native Veterans;
• H.R. 3582, which would expand the scope of the Advisory Committee on Minority Veterans to include LGBTQ Veterans;
• H.R. 96, which would require VA to furnish dental care to eligible Veterans like any other medical care;
• The Access to Contraception Expansion for Veterans Act, which would require VA to fill prescriptions for a year's supply of contraceptive pills or other forms of contraception;
• The Honoring All Veterans Act, which would alter the VA motto to be more inclusive;
• The VA FOIA Reform Act, which would require the department to reduce its backlog of Freedom of Information Act requests by 75 percent within three years and make frequently requested information publicly available;
• The Veterans Economic Recovery Act, which would require VA to carry out a retraining assistance program for unemployed Veterans;
• The Accelerating Veterans Recovery Outdoors Act, which would require VA to establish a task force on the use of public lands to provide medical treatment and therapy to Veterans;
• H.R. 7287, which would clarify license requirements for contracted medical professionals to perform disability exams for VA;
• The VA Mission Telehealth Clarification Act, which would allow health professional trainees to provide treatment via telemedicine;
• The Protecting Moms Who Served Act, aimed at improving maternity care coordination provided by VA;
• The Veterans Benefits Fairness and Transparency Act, which would require VA to publish its disability benefits questionnaire form in a central location on the VA website;
• H.R. 7445, which would expand VA home loan eligibility to some members of the Reserve;
• The Burial Equity for Guards and Reserves Act, which would extend VA burial benefits to those service members;
• A draft bill that would extend certain employment and reemployment rights to certain activated National Guard members;
• A draft bill to clarify the rights of service members and their employment and reemployment rights.

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A bipartisan group of House lawmakers is urging Veterans Affairs officials to consider quick fixes to the department’s home loan program in order to ensure users can compete in the still surging housing market.

“Historically, VA mortgage loans were appealing and competitive to sellers,” the group wrote in a letter to VA Secretary Denis McDonough on Thursday. “Unfortunately, the current housing market and the rise in cash and conventional loans with waived contingencies can leave Veterans unable to compete with other buyers. … It is imperative that Veterans receive a competitive loan that provides them the opportunity to purchase a home.”

According to statistics from the National Association of Realtors, the median sales price of a home in America as of February 2022 was up 15% from the year before.

Lawmakers — led by Rep. Guy Reschenthaler, R-Pa., a Navy Veteran — said they are concerned the VA home loan benefit has not kept up with the demands of home buyers and sellers and risks forcing eligible individuals into abandoning the benefit to secure a home purchase.

“VA borrowers are less successful than borrowers using conventional loan products, with 11% of VA borrowers changing loan products during their housing search, compared to only 1% of conventional borrowers who change financing methods,” the lawmakers wrote.

In fiscal 2021, department officials guaranteed more than 1.44 million loans valued at roughly $447 billion, a record high and up 15 percent from the previous year.

In a VA home loan, the federal government does not provide any money to the homebuyer but does agree to back the loan against the possibility of default. That allows Veterans to put no money down on their home purchase and avoid some other associated home-buying fees.

But it does require special qualifying and appraisal rules, which can slow down completion of a home purchase.

In testimony before the House Veterans’ Affairs Committee in December, VA officials said the average wait time for a department appraisal is about 15 business days. For non-VA loans, that process is usually around two days.

Witnesses said the department is looking for ways to streamline the process, but not at the risk of defaulting on more loans or putting Veterans in substandard housing.

The lawmakers who wrote to McDonough this week are asking VA officials to look at improvements to lessen the burden on buyers and sellers involved in the program, and also for ways to “improve the public perception of the VA mortgage loan program.”

Outside groups said real estate agents looking for quick and easy sales may often ignore VA home loans because of the extra work involved in the process.

In March, the National Association of Realtors and VA released a video series for home buyers, sellers and real estate agents designed to dispel myths around the program and explain how the process differs from conventional loans.

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TAMPA, Fla. (WFLA) – The Department of Veterans Affairs lacks transparency and may be manipulating data, according to a lawsuit pushing for the release of appointment wait time information.

The federal lawsuit asked the court to order the VA to process several records requests submitted in late May to facilities in four states, including Florida. James Haley and Bay Pines were among the VA facilities that received records requests from the plaintiff, according to the filing.

The plaintiff is Americans for Prosperity Foundation, a non-profit advocacy group funded by Charles Koch.

Jimmie Smith, the director of Florida’s chapter of Concerned Veterans for America, whose sister organization Concerned Veterans for America Foundation is financially backed by AFPF, said a major concern is wait times are longer than what the VA is claiming.

“We get a lot of complaints. We need the data,” Smith said. “We do not know the numbers. Subsequently, are there Veterans dying for lack of care right now, like what happened in Phoenix in 2014?”

The 2013 Phoenix VA scandal involved secret wait lists that included Veterans who died before their appointments were fulfilled.

According to the lawsuit, delays and a lack of data and transparency suggests, “another scandal is brewing, with the VA covering up wait time data.”

The Phoenix tragedy prompted the 2014 Choice Act that forced the VA to pay for Community Care with private physicians when wait times were longer than 30 days. The 2018 Mission Act reduced the window of time to 20 days for primary, mental and extended care, and 28 days for specialty care.

The complaint also criticizes how the VA records request process changes if anything a determined to involve “substantial interest.”

An 8 On Your Side request sent to Haley and Bay Pines earlier this year was among the “flagged” queries, according to the lawsuit.

“For years, the VA has maintained a special, politicized FOIA review process for those requests that implicate potentially embarrassing or politically sensitive records,” the complaint states.

The VA also confuses terms that are supposed to determine when the wait time clock starts, according to the lawsuit.

The Choice Act used the “patient preferred date,” defined in one document as the date preferred by the VA. The Mission Act changed that start time indicator to “date of request.”

Records released by Haley “suggest that the VA has improperly adopted 2 measures for wait times,” according to the filing that also states, “the VA’s suspected malfeasance in calculating and recording wait times,” is based in part on “its conflation of patient indicated day, preferred date, or clinically indicated date.”

8 On Your Side saw a potential example of that in an emailed response to a records clarification question earlier this year when a VA spokesperson said, “Patient Preferred Date is the same as date of request.”

Not according to Concerned Veterans For America’s Darin Selnick, who helped write the law.

“They are either not telling the truth or they simply do not understand what they are talking about. Either way is bad,” Selnick said.

When asked for comment on the lawsuit, VA Public Affairs Officer Randy Noler said the agency “does not generally comment on pending litigation.”

According to data received earlier this year in a records request, less than eight percent of Bay Area VA network patients were offered Community Care last year.

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Oklahoma City, Oklahoma – Comanche County Hospital Authority (“CCHA”), Troy L. Harden, D.O., and Moncy Varkey, D.O., agreed to pay a total of $550,000 to the United States to settle civil penalty claims related to prescriptions for various non-opioid Schedule II Controlled Substances, announced United States Attorney Robert J. Troester.

Under the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations, prescriptions for controlled substances must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice.

During the relevant time, Drs. Harden and Varkey were employed by CCHA and practiced medicine on behalf of Lawton Community Health Care Center, Inc. ("CCMH"), in and around Lawton, Oklahoma. The United States alleges that during the period November 2016 to August 2018, Drs. Harden and Varkey issued prescriptions for various non-opioid Schedule II Controlled Substances, without establishing a doctor-patient relationship via a face-to-face encounter with the patient. During this time, CCHA was responsible for certain CCMH operations including administration, management, and regulatory compliance. The United States alleges the prescriptions issued by Drs. Harden and Varkey were outside the usual course of professional practice and that CCHA neglected to implement appropriate prescribing policies and procedures.

To resolve these allegations, CCHA and Drs. Harden and Varkey agreed to pay a total of $550,000 to the United States.

In reaching this settlement, Drs. Harden and Varkey and CCHA did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.

This case was investigated by the Drug Enforcement Administration, Office of Diversion Control, with assistance from the Department of Health and Human Services, Office of Inspector General, Office of Audit Services. Assistant U.S. Attorneys Amanda R. Johnson and Ronald R. Gallegos prosecuted the case.

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As Carl Davis added his signature to a simple one-bedroom apartment lease last December, he did so with a renewed sense of pride and accomplishment. Signing the lease meant that his name would be on the mailbox and the contents of the apartment would belong to him. When you’ve been largely homeless for 40 years like Davis, it’s the little things that restore pride and self-worth.

Davis served in the Army from 1973 to 1976. Upon separating from the service, he went back to school for a short time, started working and soon became victim to layoffs. Without steady work, life as Davis knew it took a different turn.

“I slept mostly in shelters,” said Davis. “I usually made it to a shelter just in time to find a bed for the night.”

Under a bridge

Davis spent many years sleeping in various shelters throughout Dallas, in addition to some nights spent sleeping under a bridge. After spending three years at one Dallas shelter, he met members from VA North Texas’ Homeless Mobile Medical and Mental Health Veterans (HMMM-V) team. Its mission is to find homeless Veterans like Davis and assist them in VA healthcare enrollment, housing screenings and access to other available resources.

“We try and develop a trusting relationship with Veterans who would not ordinally engage the VA,” said Christi Godfrey, VA North Texas social worker. “By bringing the VA to the Veterans in the community, our hope is that he or she will come around, trust the VA, and start work on their housing goals.”

Building Veteran trust is one of the challenges the HMMM-V team faces, despite a well-equipped professional team including a physician assistant, social worker, adjustment counselor and peer support specialist. It took two members, Moneeza Matin, physician assistant, and Dedrea Ollison, readjustment counselor assistant, three years to earn Davis’ trust.

“I am able to connect with a lot of the Veterans I encounter because I am a 24-year Veteran myself,” said Ollison. “They want to talk to someone who understands them and what they have been through.”

From the streets to housing

Davis eventually allowed the team in and let them help. The team set him up with a primary care physician and established care at VA North Texas’ Dallas campus. Securing an apartment lease and dependable healthcare was not the end of Davis’ relationship with the HMMM-V Team. Ollison and Matin still check on him and provide transportation for his medical appointments.

“It gives me great pleasure to see how a Veteran progress from the streets to housing,” said Ollison. “It’s my drive for getting up every morning and coming to this job knowing we are making a difference in someone’s life.”

Davis’ life has radically changed as he no longer must hunt for a bed to rest his head or figure out where and when he would get his next meal. He is living day by day with a roof over his head, food in his kitchen and a renewed sense of hope.

“I take it easy now,” said Davis. “It just feels good to have my own place.”

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At the outset of Governor Gavin Newsom’s May 22, 2020 COVID-19 update at the Yountville Home for Veterans, he made reference to the fact that Californians owe a debt of gratitude to the Veterans who served our nation and stated, “it was time to reflect and remember”. Further, he mentioned his own, “deep respect and admiration” and, offered a “heartfelt thank you and deep respect” to the Veterans.

The Yountville Home for Veterans is also the site of the Yountville Veterans Cemetery, located on 11 acres of oak-covered hills in the northwest corner of the Yountville Veterans Home; this historic cemetery marks the resting place of over 5,700 Veterans and dependents. Yountville is one of three State of California Veterans Cemeteries, the other two being California Central Coast, Seaside, CA and Northern California Veterans Cemetery, Redding, CA.

On May 12, 2020, the Irvine City Council approved a location for a Southern California Veterans Memorial Park and Cemetery after nearly seven years of debate.

But due to the Governor’s decision, the project may not have the funding to move forward. In the revised budget published by the governor on Thursday, May 14, 2020 in which Newsom proposed taking back over $24 million in funds set aside for the cemetery to help replenish the state budget, which currently has a projected $54 billion deficit due to the coronavirus. In so doing, he was, in fact, disrespecting the Veterans in which he held such high regard.

We applaud the Governor for his support of Veterans; however, his actions speak differently.   His decision to pull the $ 24 million, which would have allowed the City of Irvine to begin the process of transferring land to the state for the construction of a Southern California Veteran’s cemetery, has stopped the process.

Politicians and developers have argued that the money has to be found before the Southern California site is transferred to the State of California and development of the Veterans Memorial Park and Cemetery can break ground. The politicians and developers are thinking of their futures. Their next office. Their need to build more homes on the site. Their pocketbooks.

They are forgetting about the fact that this land has already been bought and paid for by the Veterans who served this country. They paid for it with time away from family, career and everyday life. They paid for it with mental and physical injuries. They paid for it with blood. They paid for it with their lives. It is time to give them the land that they defended and earned.

It would seem that Governor Newsom as well as the many other politicians, who will rightly acknowledge the sacrifices of our Veterans, would be able to find funds, any funds, to advance the building of the Southern California Veterans Cemetery in Irvine. There are 1.9 million Veterans in California, 115, 000 in Orange County they all need to have their sacrifices recognized by action and not just eulogized in words.

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Our friends at theWhite RiverJunctionVA received this heartfelt letter from “A Grateful Veteran” who graduated from theMOVE Program. The Veteran has physically and mentally turned his life around, and he wanted to give thanks to those responsible for his excellent care. The letter has been edited for clarity.

It has now been a year since my first visit to the White River Junction Medical Center. I would like to share my life-changing experiences with your facility and to thank the amazing men and women responsible for them.

A year ago, I washed up on your doorstep. I was morbidly obese and rapidly heading towards diabetes. My heart was performing erratically and it looked like I would have to undergo repeated cardiac procedures for the rest of life. My mental state was horrible and my depression had turned into despair.

Today, I am seventy pounds thinner, my cardiac condition has been tamed with oral medications, and my despair is largely behind me. I still have my issues, but I am far better able to handle them through the knowledge gained over the past twelve months. [I wrote this] to share my successes about the incredible people who proved that you CAN teach an old dog new tricks.

My nurse practitioner, Kate Van Arman, is remarkable. She is spirited and smart, and her enthusiasm knows no bounds. I have never had such a wonderful relationship with a medical professional. Kate outlined, in a stern but compassionate manner the life I would be living if I did not make some serious changes. It was not a pretty picture. She made some incredible suggestions, notably joining the MOVE program. Any success I merit, I owe to her.

The problem of my erratic heart was given over to Jessie Cullen. Jessie had the audacity to actually involve me in the decision-making process. How refreshing! We decided to try controlling the rapid heart rate with medications rather than repeated shock treatments. The result is that my heart condition is no longer driving my day-to-day decisions; rather, it is in the background of my daily life and is something I no longer fear. Many thanks, Jessie.

I think it is impossible to overstate just how bad my mental state was this time last year. The depression was colliding with anxiety and made me an emotional wreck. It seemed like I was heading for some form of electroconvulsive therapy. A popular anti-depressant was prescribed and seemed to help a bit. However, I firmly believe that anti-depressants work best when paired with therapy. I was truly blessed to be paired with psychologist Casey Allington. A good therapist will get a patient to dig deep within themselves and come up with solutions. Casey is very good at this. He has subtly gotten me to open up in ways I never thought possible. For the first time in a long while I feel that there is definitely light at the end of my long dark emotional tunnel.

I really need to talk about the MOVE program. What an inspired idea… pairing a nutrition expert with a food psychologist. The lessons I learned from healthy eating will be for naught if my food trigger issues were not addressed.

I need to give special thanks to my dietitian Laurel Ross and Dr. Mark Detzer for their leadership. The enthusiasm and support that came out of our small group was largely due to their efforts. I understand that “Dr. Mark” is about to retire. I wish him all the best and hope he finds another outlet for his knowledge and limitless energy.

I would be remiss if I did not mention the front desk staffs at Green Mountain and White Mountain. They are a tremendous group of men and women who are always friendly, professional and courteous. It seems like I was continually getting lost for the first few months; their kindness and their impeccable directions were greatly appreciated.

There is one more thing I would like to bring up.

Last December, I was in inpatient care for several days for a battery of tests. The large room had four beds in it and reminded me of my old USAF barracks. [My three roomates and I] talked a lot and laughed a lot. It felt really good, much like the old days. Just for the record, your hospital food and your nursing staff is the best around. I received a hand-drawn Christmas card from Otis, a local third-grade student who thanked me for my service. It is the sweetest card I have ever received and it holds a place of honor on my desk at home.

Leaving the hospital was bittersweet. My tests came back negative and I was happy to go home. Unfortunately, my roommates were not so lucky. Their conditions were far worse than mine and some of them were facing long hospital stays.

As we head into this holiday season, I just wanted to stop and give thanks for all the good things that have happened to me over the past year. Truly, my incredible experiences at White River Junction Medical Center were more than life-changing… they were life-saving.

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Our disabled Veterans are grossly under compensated. They've been asking various Congresses and Administrations for fair and adequate compensation since the end of World War I in 1918. That was a 103 years ago.

In 2022, a totally disabled Veteran with no dependents is compensated at the ridiculous rate of $39,984.72 dollars annually. The National Average Wage Index for 2020 was $55,628.60 dollars per annum and the median income for 2020 was $67,521.00. The per capita GDP in 2020 was $63,416.00 dollars, among the highest in the world.

This compensation abuse of disabled Veterans is now a national security problem.

Once our youth fully understand that should they enlist in the armed forces and subsequently be seriously injured or sickened in the line of duty then they are looking at a lifetime of near poverty and this realization among our young people will cause the armed forces to collapse quickly. We have no right to expect our youth to make a sacrifice like this so that our elites can evade a fair level of taxation.

Act now.

— Peter Harkness, Wilmington

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PORTLAND, Maine— Two Lewiston men were sentenced today in U.S District Court in Portland for health care fraud, Acting U.S. Attorney Donald E. Clark announced.

U.S. District Judge Jon D. Levy sentenced Abdirashid Ahmed, 41, to two years in prison and three years of supervised release, and Garat Osman, 35, to three years of probation. Judge Levy also ordered Ahmed to pay $1,863,264.83 and Osman to pay $544,097.78 in restitution to MaineCare. Both men pleaded guilty in May 2019.

According to court records, Ahmed and Osman were interpreters who conspired with several Lewiston/Auburn mental health counseling services to defraud MaineCare. One of the counselors was Nancy Ludwig, who was the owner of Facing Change, a mental health and substance abuse counseling agency in Lewiston. From about November 2015 until May 2018, Ludwig and Ahmed led a conspiracy to commit health care fraud by submitting claims to MaineCare for services that were not rendered as billed.

Beginning in February 2015, Ludwig agreed to pay Ahmed a kickback in return for Ahmed bringing MaineCare beneficiaries to Facing Change. Ludwig, Ahmed and other employees at Facing Change then caused false and fraudulent claims to be submitted to MaineCare for both counseling and interpreter services. The false claims included claims for visits that never occurred and claims that inflated the level of service provided. In 2016, in response to a MaineCare regulatory change, Ludwig and Ahmed conspired to change the diagnosis of many of Ahmed’s clients to schizophrenia so they could remain eligible to receive MaineCare reimbursement for the services at Facing Change.

In the fall of 2016, auditors with the MaineCare Program Integrity Unit audited Facing Change. Ludwig and many of her employees conspired to manufacture false and fraudulent records in an attempt to deceive the auditor. Osman joined the fraud scheme in December 2016 and established an interpreter company that received all the fraudulent payments from that time until early May 2019. In May 2019, agents with the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), the FBI and the Maine Attorney General’s Office executed search warrants at Facing Change and Ahmed’s business. Investigators eventually determined that MaineCare was defrauded of $1,863,264.83 in this fraud scheme.

“Healthcare fraud depletes funds intended to provide care for our most vulnerable citizens,” said Phillip M. Coyne, Special Agent in Charge for HHS-OIG. “Today’s sentencing is a strong reminder that we will spare no resources to bring to justice those that undermine the integrity of our federal health care system and those served by it. I appreciate the continued partnership with the Maine U.S Attorney’s Office to protect public funds.”

“Federal and state investigators did tremendous work in uncovering this fraud scheme,” said Acting U.S. Attorney Clark. “The U.S. Attorney’s Office was proud to be part of the team that brought these defendants to justice. We will always aggressively pursue those who attempt to defraud the public in this fashion.”

People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS.

This prosecution was the result of a three-year collaborative investigation by HHS-OIG, the FBI and the Maine Attorney General’s HealthCare Crimes Unit. The investigation started because of the auditing work done by the MaineCare Program Integrity Unit.

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'How much more of this insanity are we expected to tolerate,' one Twitter user posted

Republican Rep. Madison Cawthorn of North Carolina drew the ire of liberals on social media after cleaning his gun during a Veterans affairs hearing this week. The hearing was held remotely on Zoom.

"I am now ‘wanting to punch a guy in a wheelchair’ years old," comedian Christopher Titus posted on Twitter after reports began circulating that the 26-year-old North Carolina Republican was seen cleaning his gun in the hearing during a roundtable discussion on burn pit exposure.

"Madison Cawthorn Cleans Gun During Veterans' Affairs Hearing how much more of this insanity are we expected to tolerate?" singer Stella Parton tweeted.

"I grew up in gun culture, and the thought of cleaning a weapon in front of anyone, let alone strangers, is unthinkable," writer Charlotte Clymer posted. "It's enormously disrespectful. Madison Cawthorn is a grown man who has spent a lifetime under the impression that his efforts are inherently extraordinary. Sad."

A first responder who was in the meeting was apparently offended as well, saying that Cawthorn acted like a child.

In a statement to Fox News, Cawthorn spokesperson Luke Ball said, "What could possibly be more patriotic than guns and Veterans?"

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In an effort to help combat the national daily average of 20 U.S. military Veteran suicides and to offer an additional treatment solution, VA hospitals across the country have partnered with the national non-profit organization SoldierStrong to offer the StrongMind program.

StrongMind utilizes the virtual reality technology known as BraveMind. The VR technology behind BraveMind was developed by Dr. Albert “Skip” Rizzo and his team at the University of Southern California’s Institute for Creative Technologies, where Dr. Rizzo serves as the director of medical virtual reality. Due in part to the ever-growing popularity of gaming, the use of virtual reality therapy as a way to treat PTSD appeals to younger Veterans who otherwise may not be inclined to participate in traditional therapy practices.

Virtual reality can be used to deliver prolonged exposure therapy – the practice of recalling a traumatic memory while talking through the nuances of that memory with a therapist–an evidence-based method for treating PTSD. However, Veterans dealing with PTSD often find it difficult to summon specific memories of their time in the service. Virtual reality therapy makes the process of recalling such memories easier for Veterans.

StrongMind’s VR program technology creates 14 specific “worlds” of combat scenarios, from a desert roadway to a crowded Iraqi marketplace or a slum in an Afghan city. Therapists can select a specific world based on the Veteran’s traumatic experience and customize it, recreating the scene of the troubling memory in the virtual reality headset, thus placing the Veteran squarely back within the midst of that memory at a pace they can handle.

The protocol may come across as simple in writing, but as Dr. Rizzo notes, “exposure therapy can be difficult.” However, if conducted in a safe and supportive environment, in which the process is overseen by trained VA clinicians, it can help individuals confront and effectively cope with trauma-induced emotions.

“I was skeptical at first,” said Christy Tubbs, a clinician at the Syracuse VA in Syracuse, N.Y. “But it’s an enhancement to treatment that the therapist provides and it will be helping us do our jobs better.”

The StrongMind program’s efficacy stems from clinicians’ ability to customize and control the content presented in the VR headset so precisely that sights, sounds, smells, vibrations–even the weight and sensation of holding a weapon–can create a patient experience that mirrors the traumatic memory or encounter.

Experiencing troubling memories repeatedly in a safe environment works to reduce the brain’s response to them. This approach aims to help Veterans have greater control of their emotions instead of their memories triggering fear and anxiety.

“It gets them to talk about things they’ve never talked to anyone about before,” Rizzo said. “Those memories don’t have the same intense, painful emotional power that they did before. Patients start to feel empowered, to feel that they got it out, and that they can talk about it.”

At VA

The StrongMind initiative has donated 13 VR software and hardware systems to VHA’s innovation centers across the country since September. These include Syracuse VA; Puget Sound VA in Tacoma, Wash.; Hunter Holmes McGuire VA in Richmond, Va., North Texas VA in Dallas, Texas; Michael E. DeBakey VA in Houston, Texas; Audie L. Murphy VA in San Antonio, Texas; Gulf Coast Veterans Health Care System in Biloxi, Miss.; Charles George VA in Asheville, N.C.; Martinsburg VA in Martinsburg, W. Va.; G.V. (Sonny) Montgomery VA in Jackson, Miss.; James J. Peters VA in Bronx, N.Y.; VA Sierra Nevada in Reno, Nev.; and VA Palo Alto Health Care System in Palo Alto, Calif.

During the last week of January, Rizzo and master clinician, Dr. Todd Adamson, conducted training sessions at the Charles George and North Texas VA centers to teach clinicians from 11 VA facilities how to use StrongMind equipment in the clinical process to deliver safe and effective PTSD treatment.

SoldierStrong, which surpassed its initial 2019 commitment to donate VR systems to 10 VA medical centers, hopes to more than double that commitment by the end of 2020. The group has already received requests for the system from eight more VA centers.

To more information about SoldierStrong’s StrongMind program, visit https://www.soldierstrong.org/strongmind/.

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Veterans filing disability claims have said they want choices and faster decisions. Due to improvements in the system and processes, Veterans are now getting more options.

VA’s Benefits Administration’s (VBA) goal is to deliver VA benefits and services to Veterans and their families in a responsive, timely and compassionate manner, in recognition of their service to the Nation. To work toward fulfilling the goal of delivering benefits faster and more effectively, VBA has implemented improvements to the benefits processes – with more improvements planned.

To meet this goal, VBA built a customer service framework focused on listening to Veterans’ input and improving its processes based on that input. The customer service model then empowers both Veterans and employees to make changes.

“Since implementing this framework, VBA has made improvements for Veterans that are powerful and measurable,” said Brianne Ogilvie, executive director of VBA’s Office of Administrative Review, which oversees the process of requesting a decision review on Veterans’ claims decisions. “Most importantly, VBA made these changes based on direct feedback from Veterans.”

How has Veteran feedback improved VBA processes?

Appeals Modernization Act of 2017

One example is the transformation of the appeals process. For years, Veterans have been asking for VA “to fix the broken appeals process.” Appeals are the result of a Veteran formally disagreeing with the decision that VA made on her compensation claim. In that process – now known as “the legacy appeals process” – Veterans could wait three to seven years for a single decision – and even longer if they disagreed with that decision!

Today, the legacy appeals process is closed to new appellants. Its replacement required legislative change. To get there, VBA worked closely with internal and external partners, including Veterans Service Organizations (VSOs), Veteran advocates, other VA administrations, and Congressional staffers to draft and pass the Veteran Appeals Improvement and Modernization Act of 2017 (AMA).

AMA created two new decision review processes: the Higher-Level Review and the Supplemental Claim. These are in addition to a traditional appeal to the Board of Veterans’ Appeals (BVA). One of the most popular features of the new law is that Veterans can now decide which of the three options to pursue, based on their situation.

Implementing these new decision review processes significantly decreased the number of Veterans waiting for decisions on their disagreements, as well as the time they waited.

When AMA was fully implemented two years ago, VBA set a goal to complete decisions in an average of 125 days. Veterans who chose one of these two new processes no longer wait years for a decision. Instead, VBA is meeting its average timeliness goals in both the Higher-Level Review and Supplemental Claim lanes. (Interested? Here’s how to opt-in from the legacy process. And, here’s how to track our numbers.)

In Fiscal Year 2021, Higher-Level Reviews are being completed in an average of 124 days, and Supplemental Claims are being completed in an average of 94 days. Since VA implemented AMA, VBA reduced its inventory of pending appeals by 87%.

VSignals

In addition to revamping the appeals process, VBA continues to seek Veterans’ input about the services they receive through the launch of a new survey program. These Veteran-focused electronic surveys are known as VSignals.

Each week, VBA sends approximately 2,800 VSignals surveys focused on the end-to-end customer experience with its two AMA decision review processes. The surveys capture insights about Veterans’ experiences appealing a claim decision when submitting their decision review request – and their experiences at the end of the process, once they receive a decision.

“Veterans can see that their feedback is directly responsible for improvements to the process, and that encourages them to participate in the surveys. The more feedback we get, the better for the Veteran experience,” Ogilvie said.

Each returned survey helps VBA understand the strengths and weaknesses in its processes. Each week, VBA calls several survey respondents to learn even more about their experiences. These calls are opportunities for VBA to address concerns and understand specifically what is and is not working for Veterans. The calls also allow VBA to determine where the Higher-Level Review and Supplemental Claim processes can be further improved.

VBA has already made clear improvements to the customer experience through its deliberate, customer-focused efforts. The organization continues to listen, improve, and empower Veterans and employees to identify future enhancements to meet its ongoing goal of delivering benefits in a responsive, timely and compassionate manner.

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Study on treatment of subclinical hypothyroidism and levothyroxine overuse

A VA grant is powering a Central Arkansas Veterans Healthcare researcher’s look into the effects of discontinuing thyroid replacement therapy in patients with subclinical hypothyroidism. It may pave the way to address levothyroxine overuse in the United States.

Dr. Spyridoula Maraka, Little Rock VA’s Health Services Research & Development service, will be recruiting Veterans beginning Feb. 1, 2021, for participation in the 18-month randomized, double-blinded, placebo-controlled study. Her research has been given a more than $163,000 grant award.

“Adults in the U.S., including Veterans, are subject to overdiagnosis and overtreatment of subclinical hypothyroidism, which results in substantial and unnecessary economic and treatment burdens,” said Maraka.

“We expect the research to pave the way for initiatives that result in de-prescribing of levothyroxine and address the national epidemic of the drug’s overuse,” she continued.

The second most prescribed drug in America

Doctors increasingly diagnose subclinical hypothyroidism when they find a mildly elevated level of thyroid stimulating hormone, despite normal thyroid hormone levels. It affects up to 200 in 1,000 adults, 135 of whom will have nonspecific symptoms. They often treat subclinical hypothyroidism with levothyroxine. Levothyroxine has become the second most prescribed drug in the U.S., surpassing opioids.

About 50% of patients older than 65 who take levothyroxine take too much and develop iatrogenic hyperthyroidism. This increases their risk for arrhythmias, angina pectoris, bone loss and fractures. According to the grant application, levothyroxine treated subclinical hypothyroidism is prevalent among Veterans.

“Dr. Maraka is an exceptional researcher. She cares deeply for our Veterans,” said Dr. Richard Owen, director of research. “I’m proud of our research department which is one of the best in VA. Projects like this are essential if we are going to continue to grow and innovate treatment option for Veterans.”

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PITTSBURGH (KDKA) — A local Veteran got a special surprise just in time for the Fourth of July.

A local family donated a mobile home to a Vietnam War Veteran who served in the United States Army. The Veterans Leadership Program moved the Veteran, Mike, into his new home this week.

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KNOXVILLE, Tenn. – The United States Attorney’s Office announced today that Align Health and Holistic Medical Center, Inc. and Align Health Management, Inc., (collectively “Align”), Eric Anderson, P.A. d/b/a Anderson Chiropractic Clinic (“Anderson Chiropractic”), their owners and a former employee have agreed to pay $163,400 to resolve allegations that they knowingly and improperly billed Medicare for electro-acupuncture using peri-auricular stimulation devices in violation of the False Claims Act (“FCA”).

Align and Anderson Chiropractic are outpatient clinics located in Maryville, Tennessee that offer medical and chiropractic services for the treatment of pain. According to the contentions of the United States contained in the settlement agreement, between September 2016 and March 2019 Align and Anderson Chiropractic routinely presented, or caused to be presented, to Medicare false claims for payment for the placement of electro-acupuncture devices on patients. The placement of these devices was improperly billed under code L8679, which resulted in the clinics receiving payments from Medicare to which they were not entitled.

L8679 is a billing code for “implantable neurostimulator, pulse generator” devices that are surgically implanted into the central nervous system or targeted peripheral nerves through procedures that are typically performed by a surgeon in an operating room. However, the United States contends that Align and Anderson Chiropractic falsely billed Medicare under L8679 for electro-acupuncture devices they knew were not surgically implanted into their patients and for procedures that did not involve anesthesia or take place in an operating room. The underlying services for which Align and Anderson Chiropractic submitted the L8679 claims involved application of a device used for electro-acupuncture. Common brand names for this device include P-Stim, Stivax, NeuroStim, ANSiStim, E-Pulse, and NSS-2 Bridge. The electro-acupuncture devices were applied by inserting needles into patients’ ears and by taping the devices behind their ears with an adhesive. Medicare does not reimburse for electro-acupuncture devices billed as neurostimulators and did not reimburse for acupuncture at all during the period of the covered conduct.

In addition to paying the civil settlement, which was based on the parties’ ability to pay, Align, Anderson Chiropractic, and their owners have agreed to enter into an Integrity Agreement (“IA”) with the Office of Inspector General of the Department of Health and Human Services (“OIG-HHS”). The IA requires, among other things, that Align, Anderson Chiropractic, and their owners implement specific measures intended to prevent future health care fraud and to address evolving compliance risks. These measures include training for staff on applicable health care fraud laws and submitting to a claims review conducted by an Independent Review Organization to ensure compliance with Medicare billing requirements.

This investigation resulted from a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Tennessee, OIG-HHS, and the Southeastern Unified Program Integrity Contractor (“UPIC”).

Assistant U.S. Attorney Joseph C. Rodriguez represented the United States.

The claims settled by this agreement are allegations only, and there has been no determination of liability.

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LUBBOCK, Texas – A local Veteran hopes to open a free art gallery, displaying the paintings of other Veterans and even local artists.

Charles Alexander is a U.S. Army Veteran suffering from Post-Traumatic Stress Disorder. His love of art has inspired him to start the “Social.22 Art Studio and Gallery,” an online marketplace for Veterans to display their art.

The number 22 is in reference to the number of Veterans that commit suicide daily.

Alexander and his wife Michelle have collected over 200 pieces of art this year. They hope to purchase a space to display this art in 2020.

“It doesn’t matter where the location is. We’re not looking for anything fancy. We just need a place for people to socialize and have a place to go,” said Alexander.

If you’d like to donate, you can visit the gallery on Facebook, email at This email address is being protected from spambots. You need JavaScript enabled to view it.">This email address is being protected from spambots. You need JavaScript enabled to view it. or call at (806)-368-9448.

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KENNEWICK, Wash.-- A local group of Veterans are working to make a Kennewick Veterans Wall shine again after some wear and tear from the elements.

About 20 volunteers from the local chapter of the Sons and Daughters of the American Revolution rolled up their sleeves to clean and restore the Veterans Wall and service monument at Desert Lawn Memorial Park in Kennewick

This is the first time they've done this community service project which has been in the works for four years.

The volunteers will finish up their work Saturday.

They plan to restore the whole wall which is made up of about 20 panels with about three-thousand names.

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The coronavirus has killed a 100-year-old Long Island man who went through life remembering the twin brother he lost to the 1918-19 Spanish Flu pandemic when they were weeks-old infants.

Philip Kahn lived to become a decorated World War II Veteran and to raise a family but never forgot his brother Samuel who died shortly after they were born in December 1919 in New York City.

The Spanish Flu pandemic killed 50 million people around the world.

“Both Philip and his brother were pandemic bookends, his brother having passed from the Spanish Flu and him regrettably having passed from COVID,” Corey Karlin Zysman told WCBS-TV.

Karlin Zysman is the wife of Philip Kahn's grandson Warren Zysman, who told that station that his grandfather had always told him about his twin brother who had died during the Spanish Flu pandemic.

During World War II, Philip Kahn was awarded two Bronze Stars while serving with the Army Air Corps.

He flew bombing missions during the Battle of Iwo Jima and took part in the deadly fire raids over Japan, Newsday reported Wednesday. He also helped do aerial surveying of the damage done by the atomic bombs on Hiroshima and Nagasaki.

Philip Kahn recounted his participation in those 1945 fire raids in 2017, telling Newsday in an interview that “it was five months of bombing their houses and people and the people didn’t have a chance to get out. We didn’t know the number who were killed; all we knew was we dropped the bombs.”

Philip Kahn's wife Rose was 96 when she died in August 2019. He died at home in Westbury on April 17.

Zysman told Fox News on Saturday that it's unclear how his grandfather became infected with the virus. He had coronavirus symptoms but was never hospitalized. He was tested for the coronavirus the morning he died.

“Tests confirmed he had COVID-19,” his cardiologist Dr. Sandeep Jauhar said on Facebook the day after Philip Kahn died. “He was a World War II Veteran, one of the oldest on Long Island. Lovely man, wry wit, a kind soul. His twin brother succumbed in a different pandemic, the Spanish flu...101 years ago.”

Zysman told WCBS his grandfather had a motto that history will always repeat itself, and he knew that there was the possibility of another pandemic.

“The one silver lining is that my grandfather will finally have the opportunity to meet his twin brother after 100 years,” he said.

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After 15 months of work, the White House’s task force on preventing Veterans suicide will unveil plans for more federal coordination with community providers on mental health outreach, promotion of “safe storage” programs for firearms owners and a public awareness campaign that mental health problems need not be fatal.

President Donald Trump called the announcement “beyond what anyone has ever done” to address the problem of Veterans suicide during a White House event on Wednesday afternoon.

“Today we’re unveiling our roadmap to empower Veterans,and end the national tragedy of suicide, a tremendous problem,” he told a crowd of supporters and Veterans advocates. “My administration is marshaling every resource to stop the crisis of Veteran suicide and protect our nation’s most treasured heroes. They’ve been through so much. And it’s such a deep seated problem.”

The President’s Roadmap to Empower Veterans and End a National Tragedy of Suicide (PREVENTS) is designed to be a comprehensive federal approach to the issue, one that senior White House officials have labled the first real push by top government leaders to address the public health threat of suicide.

But the effort has drawn criticism in recent months from some in the Veterans community for taking too long to complete and not offering enough specific actions or legislative proposals on the problem.

About 20 Veterans and active military personnel die by suicide each day, according to the latest figures from Department of Veterans Affairs researchers and state census data.

That information typically lags about two years behind current conditions, creating difficulties in gauging how effective new outreach programs are at helping Veterans. White House officials have promised new database work to improve that turn-around time as part of the new effort

The new suicide prevention roadmap provides 10 recommendations to deal with the issue, including the new public health campaign to be launched later this summer.

Administration officials said that work would echo past campaigns on issues like drunk driving, but focused on myths surrounding suicide. At least part of the messaging will include encouraging Americans to talk openly about mental health and suicidal feelings, to dispel assumptions that such conversation may endanger folks struggling with those problems.

VA and other federal agencies have also begun discussing new partnerships with local charities, academic institutions and private-sector businesses to tackle the problem. That would will include some suicide prevention training and general mental health wellness practices.

Much of the work will be broadly applicable to all Americans, not just Veterans. Suicide is among the top 10 leading causes of death in America today, according to statistics from the Centers of Disease Control and Prevention.

Among the more controversial aspects of the roadmap may be discussions related to firearm safety and other “lethal means.”

Mental health advocates for years have pushed for limiting troubled Veterans’ access to guns in an effort to eliminate the potential of impulsive and deadly decisions, but gun rights groups have pushed back on those ideas as an infringement of Veterans constitutional rights.

Senior administration officials said the roadmap does not call for any new restrictions on gun ownership or possession, but will focus on “education” regarding safe storage programs and the importance of securing any potentially lethal items from individuals predisposed to self-harm.

That work will include partnerships with Veterans service organizations, local law enforcement and sport shooting groups, in an effort to calm concerns that such discussions are geared towards safety and not confiscating weapons.

The plan also calls for VA officials to “streamline access to innovative suicide prevention programs and interventions by expanding the network of qualified healthcare providers.”

Details of that work — and whether it could run into existing fights over private-care access for Veterans health care — were not immediately available.

The roadmap was originally scheduled to be released in March after a year of work, but administration and VA officials’ focus on the ongoing coronavirus pandemic delayed the announcement by more than three months.

White House officials did not inform congressional leaders about the contents of the roadmap report until just a few hours before the president’s afternoon announcement. Administration officials said the roadmap will help guide future legislative priorities on the issue, but did not provide any immediate measures that will be pushed as part of the plan.

The PREVENTS office is planning a public technology challenge later this summer to develop “a platform that will serve as a resource of evidence-based mental health and suicide prevention solutions” and a new suicide prevention survey to gather Veterans thoughts about existing resources.

The president’s announcement drew praise from some congressional Republicans but scorn from House Veterans’ Affairs Committee Chairman Mark Takano, D-Calif. In a statement, he blasted the roadmap as “tepid calls for more research” and “meek public education campaigns,” and promised more comprehensive legislative solutions in coming weeks.

“We have much more substantial work to do to prevent Veteran suicide and ultimately help save Veterans’ lives,” he said.

Veterans experiencing a mental health emergency can contact the Veteran Crisis Line at 1-800-273-8255 and select option 1 for a VA staffer. Veterans, troops or their family members can also text 838255 or visit VeteransCrisisLine.net for assistance.

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Veterans could be in for a surprise when they try filling a prescription at the local drug store on Monday.

Starting then, the outfit that administers the Tricare Pharmacy Benefit Program for active and retired Veterans is shrinking its nationwide drug store network by 15,000 stores or 30%, according to the National Community Pharmacists Association, an Alexandria, Va.-based trade group that is fighting the cut.

Express Scripts Inc. is the St. Louis, Missouri-based pharmacy benefit giant that administers the prescription program for Tricare members. In August, it was awarded a $4.3 billion Department of Defense contract to run the program.

The pharmacists association estimated that some 400,000 or about 4% of Tricare’s 9.7 million pharmacy benefit beneficiaries will be affected.

The cut by Express Scripts angered some pharmacists and Veterans, even though the company promised that more than 90% of beneficiaries will have an in-network drugstore within a 15-minute drive of their home after the downsizing.

“The families defending our country are being pushed through a system of greed and profiteering,” said Chris Antypas, president and CEO of Asti’s South Hills Pharmacy in Castle Shannon. “These are people we’ve taken care of forever. It’s hard to walk away from that. It’s an absolute disaster.”

A preferred pharmacy network increases the margin for payers by creating consumer incentives to shop where payer costs are lowest.

In a statement Thursday, Express Scripts said the company would help beneficiaries find an in-network pharmacy, which will include 41,000 chain, grocery and independent drugstores. Giant Eagle, Rite Aid, CVS Health, and Walgreens are among the local pharmacies that will be in-network for Tricare. Walmart will not.

The company declined to confirm the number of stores that would go out of network on Monday, but even some drugstores that remain on the in-network list may disappear soon.

CVS Health announced last year that it was closing about 900 of its retail pharmacies in the U.S. Adam Fein, CEO of Philadelphia-based consultant Drug Channels Institute, blamed the closings on increased competition, expanded prescription of low-margin generic drugs and other factors.

Locally, the number of Veterans who will be affected by the Express Scripts decision was difficult to pin down.

There were 745,909 civilian Veterans in Pennsylvania in 2018, according to the U.S. Census. That includes between 7.6% and 10.1% of the populations of Allegheny and the six surrounding counties. But not all Veterans have Tricare pharmacy benefits and not all will be affected by the smaller network.

Still, one group worried about access to medicines as the result of the downsizing.

“The cut to the Tricare pharmacy network is unprecedented and shortsighted” and it “will likely create insurmountable barriers to accessing essential medications for many beneficiaries,” the Military Officers Association of America, an Alexandria, Va.-based advocacy group wrote in an Oct. 19 editorial.

Like other community pharmacists, Erich Cushey, owner of three Curtis Pharmacy stores in Washington and Fayette counties, said he refused to sign a new contract with Express Scripts, which set the reimbursement he would receive for filling Tricare prescriptions. The payments were below his cost for the medicines, he said.

“It was a take-it-or-leave-it contract,” said Mr. Cushey, whose staff has administered COVID-19 vaccines to Veterans in addition to filling their prescriptions. “We can’t afford to sign that contract. We should be helping Veterans wherever they choose to get prescriptions.”

Asti’s South Hills Pharmacy’s Mr. Antypas said his losses on filling Tricare prescriptions in the new contract would range between $10 and $100 or more, depending on the price of the drug.

Express Scripts runs its own mail-order pharmacy in addition to serving as a pharmacy benefit manager, so a loss of customer from a small drugstore is a likely gain for the bigger company, he said.

“They want us to disappear because if we disappear, those prescriptions go to them,” he said.

What’s different between the local pharmacy and mail-order prescriptions from Express Scripts is service and a human face, said John Stavovy, who retired after 32 years in the military and co-founded Washington, Pa.-based home builder Mesa Wood Ltd. Mr. Stavovy, 74, said he’s had problems with Express Scripts’ mail order system.

“They mess up everything,” he said. “It’s all online, you can’t talk to anybody. They’re just very difficult to work with.”

In a prepared statement, Express Scripts spokesman Meaghan MacDonald said the company couldn’t speak to Mr. Stavovy’s experience, but its pharmacy fills about 100 million prescriptions a year, with 99% accuracy and “consistently high levels of patient satisfaction.”

At Curtis Pharmacy in Washington, three miles from Mr. Stavovy’s home, he said his questions are answered promptly and prescriptions are filled without a hitch. Curtis will be out of his network of providers on Monday.

“I call and they’ll give me the owner,” Mr. Stavovy said. “They’re so nice down there. Curtis Pharmacy is really a hometown thing.”

Mr. Stavovy said he hadn’t yet figured out the location of the nearest in-network Express Scripts pharmacy.

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After Tricare officials announced sweeping changes to the locations where retiree and military family health users can access on-base care, hundreds of Military.com readers have posted comments, feedback and worries via social media, email and the stories on this site.

For many, feelings center around a pair of issues: access to needed care and broken promises.

The Defense Health Agency early this month announced plans to halt care for military retirees, retiree families and active-duty family members at 38 stateside Military Treatment Facilities (MTFs), instead treating active-duty patients only. The changes are expected to roll out over five years, and officials pledged to complete the process only when they've guaranteed each patient has care in the civilian community.

But many military retirees pushed back, saying that their removal from those 38 locations and others, such as Ireland Army Medical Center at Fort Knox, Kentucky, and at Camp Lejeune, North Carolina, is already in motion. In many cases, they said, their care has not been handed off at all.

Near Naval Submarine Base New London in Groton, Connecticut, Lauren Hawes is struggling to find care for her husband, who had back surgery just a week before his Jan. 30 retirement date. When she attempted to refill his pain medication on his first day as a civilian, she found that he had been removed from on-base care upon retirement, and that no new doctor or specialists had been assigned.

"He was told he would have no disruption of care and could continue with his primary-care manager until he chose to transfer everything to the [Department of Veterans Affairs]. David is still waiting for the 'first available appointment' with his new, assigned [primary-care manager]. We are currently paying out of pocket for him to continue his vital treatment plans," she told Military.com in an email.

A spokeswoman for the New London clinic told Military.com on Feb. 13 that, while it is not accepting new patients, no enrollees had been removed from that facility.

At the military hospital on Camp Lejeune, which is scheduled for expansion, retiree family member Lisa Collela said she was removed from on-base specialist clinics in December before securing care elsewhere. Collela, who has been diagnosed with erythrodermic psoriasis, sees a dermatologist monthly to receive injections for her condition, without which her limbs swell and become covered in lesions. She also sees a rheumatologist quarterly for psoriatic arthritis.

Collela said she last received her injection in late December, but learned early that month that any other appointments must be with a civilian provider in the community. That provider, she said, did not have any openings until March 3, leaving her without injections for more than two months. After her condition deteriorated, she visited an urgent care, which helped her get seen sooner -- on Feb. 26, still almost two months since her last visit.

The new doctor, however, refused to use the medication she had been on that worked well, opting to try something new that could require even more frequent visits. And in addition to now paying co-pays for doctor visits, which she did not have to do on base, the drug itself costs more.

"Being removed from these clinics has caused my health to decline drastically.... My limbs are beyond swollen. This is not the normal size of my legs. My feet are covered, making wearing shoes uncomfortable and heels for work impossible," she wrote in a Facebook post. "I can barely use my right hand and my left is becoming stiff.... My body is covered with these lesions (except face, arms, scalp) and is slowly spreading into very uncomfortable places because my PCM cannot prescribe the medications I take for these conditions."

Near Waco, Texas, retired sailor Jerry Hill echoed a sentiment shared by many of the retirees who contacted Military.com after the early February stories: Blocking them from care at the military clinics isn't just an inconvenience, it's a broken promise.

"Many retirees chose where to retire based on the ability to use most of these facilities because acquiring care at local civilian facilities is very difficult or even impossible because those facilities limit the number of Tricare retirees in their hospitals," he wrote. "This will ruin many retirees' lives. Where is the support and concern for those who have earned that care as promised during their service for the United States of America?"

Florida-based retiree Ralph Rassmusen agreed.

"Why do I feel discriminated against being an old person? I guess they don't care about the old folks' vote," he wrote in an email. "I know that you are aware of all this, but shout louder."

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A federal grand jury in New Orleans, Louisiana, returned an indictment today charging a Louisiana physician for his role in distributing over 1,200,000 doses of Schedule II controlled substances, including oxycodone and morphine, outside the scope of professional practice and not for a legitimate medical purpose, and for maintaining his clinic for the purpose of illegally distributing controlled substances. Today’s indictment also charges the physician with defrauding health care benefit programs, including Medicare, Medicaid, and Blue Cross and Blue Shield of Louisiana, of more than $5,100,000, given that the opioid prescriptions were filled using health insurance benefits.

According to court documents, Adrian Dexter Talbot, M.D., 55, of Slidell, owned and operated a medical clinic located in Slidell that accepted cash payments from individuals seeking prescriptions for Schedule II controlled substances. In 2015, Talbot took a full-time job in Pineville, Louisiana, and although he was no longer physically present at the Slidell clinic, he pre-signed prescriptions to be distributed to individuals there without seeing or examining those individuals. In 2016, Talbot hired another practitioner who also pre-signed prescriptions to be distributed in the same manner at the Slidell clinic. With Talbot’s knowledge, individuals were filling their prescriptions that were issued outside the scope of professional practice and not for a legitimate medical purpose using their insurance benefits, thereby causing health care benefit programs to be fraudulently billed for filling prescriptions that were written without an appropriate patient examination or determination of medical necessity for the prescription.

Talbot is charged with one count each of conspiracy to unlawfully distribute and dispense controlled substances, maintaining a drug-involved premises and conspiracy to commit health care fraud, as well as four counts of unlawfully distributing and dispensing controlled substances. The defendant is scheduled for his initial court appearance Sept. 10 before U.S. Magistrate Judge Michael B. North of the U.S. District Court for the Eastern District of Louisiana. If convicted, he faces a maximum penalty of 10 years for conspiracy to commit health care fraud and 20 years each for all other counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Duane A. Evans for the Eastern District of Louisiana; Special Agent in Charge Douglas A. Williams Jr. of the FBI’s New Orleans Field Office; Special Agent in Charge Miranda Bennett of the Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Special Agent in Charge Jeffrey Breen for the Department of Veterans Affairs, Office of Inspector General (VA-OIG) made the announcement.

The FBI, HHS-OIG, VA-OIG, and the Louisiana Office of the Attorney General’s Medicaid Fraud Control Unit are investigating the case.

Trial Attorney Sara E. Porter of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David Howard Sinkman of the Eastern District of Louisiana are prosecuting the case.

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A federal grand jury in New Orleans, Louisiana, returned an indictment today charging a Louisiana physician for his role in distributing over 1,200,000 doses of Schedule II controlled substances, including oxycodone and morphine, outside the scope of professional practice and not for a legitimate medical purpose, and for maintaining his clinic for the purpose of illegally distributing controlled substances. Today’s indictment also charges the physician with defrauding health care benefit programs, including Medicare, Medicaid, and Blue Cross and Blue Shield of Louisiana, of more than $5,100,000, given that the opioid prescriptions were filled using health insurance benefits.

According to court documents, Adrian Dexter Talbot, M.D., 55, of Slidell, owned and operated a medical clinic located in Slidell that accepted cash payments from individuals seeking prescriptions for Schedule II controlled substances. In 2015, Talbot took a full-time job in Pineville, Louisiana, and although he was no longer physically present at the Slidell clinic, he pre-signed prescriptions to be distributed to individuals there without seeing or examining those individuals. In 2016, Talbot hired another practitioner who also pre-signed prescriptions to be distributed in the same manner at the Slidell clinic. With Talbot’s knowledge, individuals were filling their prescriptions that were issued outside the scope of professional practice and not for a legitimate medical purpose using their insurance benefits, thereby causing health care benefit programs to be fraudulently billed for filling prescriptions that were written without an appropriate patient examination or determination of medical necessity for the prescription.

Talbot is charged with one count each of conspiracy to unlawfully distribute and dispense controlled substances, maintaining a drug-involved premises and conspiracy to commit health care fraud, as well as four counts of unlawfully distributing and dispensing controlled substances. The defendant is scheduled for his initial court appearance Sept. 10 before U.S. Magistrate Judge Michael B. North of the U.S. District Court for the Eastern District of Louisiana. If convicted, he faces a maximum penalty of 10 years for conspiracy to commit health care fraud and 20 years each for all other counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Duane A. Evans for the Eastern District of Louisiana; Special Agent in Charge Douglas A. Williams Jr. of the FBI’s New Orleans Field Office; Special Agent in Charge Miranda Bennett of the Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Special Agent in Charge Jeffrey Breen for the Department of Veterans Affairs, Office of Inspector General (VA-OIG) made the announcement.

The FBI, HHS-OIG, VA-OIG, and the Louisiana Office of the Attorney General’s Medicaid Fraud Control Unit are investigating the case.

Trial Attorney Sara E. Porter of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David Howard Sinkman of the Eastern District of Louisiana are prosecuting the case.

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WASHINGTON - A federal grand jury in New Orleans, Louisiana, returned an indictment on August 26, 2021 charging a Louisiana physician for his role in distributing over 1,200,000 doses of Schedule II controlled substances, including oxycodone and morphine, outside the scope of professional practice and not for a legitimate medical purpose, and for maintaining his clinic for the purpose of illegally distributing controlled substances. Today’s indictment also charges the physician with defrauding health care benefit programs, including Medicare, Medicaid, and Blue Cross and Blue Shield of Louisiana, of more than $5,100,000, given that the opioid prescriptions were filled using health insurance benefits.

According to court documents, Adrian Dexter Talbot, M.D., 55, of Slidell, owned and operated a medical clinic located in Slidell that accepted cash payments from individuals seeking prescriptions for Schedule II controlled substances. In 2015, Talbot took a full-time job in Pineville, Louisiana, and although he was no longer physically present at the Slidell clinic, he pre-signed prescriptions to be distributed to individuals there without seeing or examining those individuals. In 2016, Talbot hired another practitioner who also pre-signed prescriptions to be distributed in the same manner at the Slidell clinic. With Talbot’s knowledge, individuals were filling their prescriptions that were issued outside the scope of professional practice and not for a legitimate medical purpose using their insurance benefits, thereby causing health care benefit programs to be fraudulently billed for filling prescriptions that were written without an appropriate patient examination or determination of medical necessity for the prescription.

Talbot is charged with one count each of conspiracy to unlawfully distribute and dispense controlled substances, maintaining a drug-involved premises and conspiracy to commit health care fraud, as well as four counts of unlawfully distributing and dispensing controlled substances. The defendant is scheduled for his initial court appearance Sept. 10 before U.S. Magistrate Judge Michael B. North of the U.S. District Court for the Eastern District of Louisiana. If convicted, he faces a maximum penalty of 10 years for conspiracy to commit health care fraud and 20 years each for all other counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Duane A. Evans for the Eastern District of Louisiana; Special Agent in Charge Douglas A. Williams Jr. of the FBI’s New Orleans Field Office; Special Agent in Charge Miranda Bennett of the Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Special Agent in Charge Jeffrey Breen for the Department of Veterans Affairs, Office of Inspector General (VA-OIG) made the announcement.

The FBI, HHS-OIG, VA-OIG, and the Louisiana Office of the Attorney General’s Medicaid Fraud Control Unit are investigating the case.

Trial Attorney Sara E. Porter of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David Howard Sinkman of the Eastern District of Louisiana are prosecuting the case.

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Took Kickbacks from Arkansas Company

FAYETTEVILLE, Ark.—A Lake Charles, La., physician pleaded guilty today to one count of conspiracy to commit mail fraud, wire fraud, health care fraud, fraud to obtain federal employees’ compensation, and illegal remunerations (taking kickbacks), in connection with a scheme to defraud the U.S. government and private insurance companies by over-billing for unnecessary medications provided to workers’ compensation patients.

U.S. District Judge Timothy L. Brooks presided over the plea hearing, in which Robert Dale Bernauer, Sr., 74, waived indictment by a grand jury and pleaded guilty to a criminal information charging him with conspiracy to violate five different federal statutes. According to court documents, Bernauer, an orthopedic surgeon and clinician who practiced in Louisiana, made more than $1,000,000 off of the scheme, which ran from 2011 until 2017 and defrauded both federal and private workers’ compensation insurers.

Court documents allege that the basic premise of the scheme was that individuals associated with an Arkansas company recruited Bernauer to dispense pain creams and patches to his workers’ compensation patients by offering him a 50 percent split of the profits collected from successfully billing insurers. The company billed insurers at markups of anywhere from 1,500 to 2,000 percent—in other words, 15 to 20 times what the medications actually cost. The unnamed company acted as the billing agent for Bernauer, handling all of the paperwork and submitting the allegedly fraudulent claims to both the U.S. Department of Labor, Office of Workers’ Compensation Programs, which covers all federal employees, and to private insurers as well.

Bernauer admitted that both he and his co-conspirators knew he did not have a license to dispense medications from his clinic, which was required under Louisiana law, but proceeded anyway to sign two contracts under which he agreed to buy topical medications from the Arkansas company at set rates, and dispense them exclusively to his workers’ compensation patients. In turn, the contracts provided that Bernauer and the company would each get half of all amounts successfully collected from insurers.

Although such profit-splitting arrangements violated both federal and Louisiana laws, in pleading guilty Bernauer admitted he joined the scheme knowing it was, in his words, “too good to be true.” Bernauer further admitted he deliberately blinded himself to the illegality of the business arrangement, despite all the “red flags” he knew to be present. Bernauer’s plea agreement states that while not offering any excuses for his conduct, he joined in the conspiracy because he needed the money, and continued to participate due to expenses associated with his wife’s final illness.

Court documents indicate that Bernauer was not the only physician involved in this scheme, and the total financial harm to federal and private workers’ compensation insurers is not listed. However, Bernauer alone accounted for a loss of approximately $2,050,546, of which $664,176.50 was suffered by the federal agencies whose employees were Bernauer’s patients.

“The Department of Justice and this U.S. Attorney’s Office are committed to combatting health care fraud and holding accountable the perpetrators of schemes like the one alleged here,” said David Clay Fowlkes, Acting U.S. Attorney for the Western District of Arkansas.

“Today’s guilty plea highlights the commitment of the Department of Defense Inspector General, Defense Criminal Investigative Service, and our law enforcement partners to protect the integrity of the workers’ compensation program that serves our federal workforce,” said Special Agent in Charge Michael Mentavlos of the Defense Criminal Investigative Service Southwest Field Office. “Physicians, marketers and billing companies who attempt to take advantage of the program by paying and receiving kickbacks for prescribing unnecessary medications expose our workforce to potential physical harm and waste valuable taxpayer dollars.”

“An important mission of the Office of Inspector General is to investigate allegations of fraud related to the Department of Labor’s Office of Workers’ Compensation Programs. We will continue to work with our law enforcement partners and the Office of Workers’ Compensation Programs to protect the integrity of the department’s benefit programs and hold those who defraud them accountable as demonstrated in today’s guilty plea,” stated Steven Grell, Special Agent in Charge, Dallas Region, U.S. Department of Labor Office of Inspector General.

“Billing for unnecessary medications undermines the integrity of federal health care programs,” stated Jeffrey Breen, Special Agent in Charge at the Department of Veterans Affairs Office of Inspector General. “This guilty plea holds the defendant accountable for his criminal actions placing profits before his patients’ health. We thank our law enforcement partners for their collaboration in this important investigation.”

“Today’s guilty plea is a testament to the dedication and determination of the investigative and legal teams,” said Special Agent in Charge Scott Pierce, U.S. Postal Service Office of Inspector General, Southern Area Field Office. “The Postal Service spends hundreds of millions of dollars annually on health care related costs and these monies are critical to those who legitimately need medical services. As in this case, our criminal investigators will diligently pursue any individual or organization intent on defrauding the Postal Service with an eye on both federal prosecution and returning lost monies to the affected program.”

In his plea agreement, Bernauer promised to immediately start making amends, by within 30 days paying $664,176.30 directly to the Department of Labor, as restitution to the federal agencies that were primary targets of the fraudulent scheme, and a further $361,096.70 to the court clerk’s office, to be distributed to other insurers victimized by the conspiracy. Bernauer also acknowledged that he would be subject to an additional restitution order of approximately $1,025,273, as a shared obligation with any of his co-conspirators who are later convicted.

As a result of his guilty plea to the single conspiracy count, Bernauer may be sentenced to a maximum of five years in prison. The court will determine his sentence at a later date, after reviewing a pre-sentence investigation report prepared by the U.S. Probation Office, and considering the U.S. Sentencing Guidelines and other statutory factors.

The case was investigated by the Department of Defense, Defense Criminal Investigative Service, the Department of Labor Office of Inspector General, the Department of Veterans Affairs Office of Inspector General, the U.S. Postal Service Office of Inspector General, with the assistance of the Internal Revenue Service-Criminal Investigation, the Louisiana Department of Justice, the Louisiana State Board of Medical Examiners, and the Louisiana Board of Pharmacy.

Assistant U.S. Attorneys Steven Mohlhenrich and Hunter Bridges prosecuted the case for the United States.

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Local leaders say connecting Veterans with local Veteran groups can help fight this devastating trend

LUBBOCK, Texas (KCBD) - Lubbock leaders are encouraging Veterans to get involved in local groups as they try to fight a recent increase in the number of military suicides.

In 2020, there were 580 military suicides, compared to 504 the year before.

“When you peel it back, you realize that these guys and gals never sought treatment. They never went to go visit the place that we have fought for, which is the VA. We fought for years to make sure that we had a VA, not just locally but nationally there is a VA. And that VA, we need to take advantage of it because it offers us the resources that we need to make ourselves better,” says Benny Guerrero, retired marine and commander at the Lubbock VFW.

Guerrero says Veterans struggling with mental health issues can find community and understanding at local Veteran groups.

Congressman Jodey Arrington is also encouraging Veterans to reach out and take advantage of the extensive Veteran community in Lubbock.

“We have a great Veteran community here, with numerous leaders in those communities. Veteran service organizations, like the American Legion and others, and then we have this jewel of a Veterans super clinic.”

The new Lubbock VA clinic has a wide range of mental health resources.

Staff there say, based on annual reports, just being engaged with VA services greatly reduces the risk of suicide.

Just reaching out, Guerrero says, is the first step.

“When we deployed, we deployed as a unit. When you get better, you get better as a unit. So we get together with people who have already walked those shoes and build you back up and get you back well, and then eventually, you become the leader of a group that is helping someone else.”

If you, or a Veteran you know is struggling with mental health, speak with someone at the Lubbock VA clinic. There is also a Veterans crisis line available 24/7 at 1-800-273-8255 (and select 1).

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LUBBOCK, Texas — This week, the Lubbock County Medical Examiner’s Office was notified that a man whose remains are still left unclaimed, is possibly a Vietnam War Veteran.

Alvin Leon Johnson, 73, died at University Medical Center on February 19. Nearly two weeks after his death, his remains have not been claimed. A childhood friend of Johnson told LCME officials that Johnson served multiple tours in Vietnam.

The medical examiner’s office sought help from the local Veterans of Foreign Wars post to help locate Johnson’s DD-214, a federal form which documents a person’s military service and allows for them to be buried with full military honors.

Johnson did not register his DD-214 with Lubbock County and cannot be found.

Benny Guerrero of VFW Post #2466 stressed the importance of keeping track of that particular document.

“If you’re the family member of a Veteran, you need to find out where that DD-214 is because it’s so important,” he said. “Because when your loved one passes and he doesn’t have that document, it’s like he never served.”

Guerrero and other Veterans have stepped up to track down Johnson’s DD-214 so they can provide him with a proper burial if his service can be verified.

“They gave their lives so we can come home and I owe it to him to make sure he gets walked to the pearly gates with honor and respect,” said Guerrero.

If Guerrero and other Veterans can locate Johnson’s DD-214, they hope to have Johnson buried at the San Antonio National Cemetery.

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LUBBOCK, Texas — An approximately nine and a half hour escort of unclaimed Veterans to San Antonio, will begin in Amarillo and go through Slaton for a flag ceremony on Thursday, according to a press release from the Slaton Police Department.

According to Lubbock Veteran Connection, Lubbock has six unclaimed Vets that have no family known of.

A ‘Dignified Transfer of Veterans Cremains’ ceremony will first occur in Lubbock at 10:00 a.m. at 501 E CR 7300, before the Veterans are sent to Fort Sam Houston National Cemetery, announced Lubbock Veteran Connection.

Before the leg of the procession in Slaton, Amarillo volunteers will bring 3 unclaimed Veterans and meet with Lubbock volunteers who will add 8 volunteers.

Unclaimed Lubbock County Veterans, their ages of death and branches served in are as follows:

George Anderson, 72, Army

Chris Bensing, 60, Army

Donnie Bentley, 78, Air Force

Linda Braxton Larson, 63, Navy

Richard Bryant, 75, Army

Billy Wayne Campbell, 71, Army

Lela Levosh, 72, Marine Corp

George DeCisneros, 57, Army

Slaton PD said that the procession will occur roughly from 10:30 to 11:00 a.m. It will begin at the Division Exit, continuing onto US-84 Access Road, south of Slaton, and then eastbound towards the US-84 on ramp, just past FM 400.

Slaton ISD students will cover a big portion of the area, holding over 100 large USA flags and standing at attention. Other community members were welcomed to join; all were told to be in place by 10:30.

State, County and Local law enforcement as well as Patriot Guard Riders across Texas will lead the escort. Missing in America Project volunteers coordinated the event, according to Slaton PD.

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LUBBOCK, Texas – What started as launching rockets in the backyard as a young boy, came full circle for a Lubbock U.S. Air Force Veteran Dr. John “Randy” Darby in his death with a send-off into space.

“It just encompassed everything that he loves – technology, innovation, rockets, aviation,” said Dr. Darby’s widow, Corrin Darby. “You’re on the California coast where there are no big cities that have any glow or light going into the sky, so it’s completely dark, and then all of a sudden, the rocket goes off and it’s like the sun is coming up. The whole sky, everywhere, gets lit up so brightly.”

The mission is designed by Celestis, Inc., a company that launches space burial flights. Dr. Darby was one of 120 passengers, 17 of which were Veterans, aboard the spacecraft out of California’s Vandenberg Space Force Base.

“We place a portion of cremated remains in a flight-tested flight capsule that’s inscribed with the name of the person who’s flying,” said Charles Chafer, co-founder and CEO of Celestis Inc. “We place those capsules literally a spacecraft that’s attached to the rocket, and in this case, the rocket placed our spacecraft into low Earth orbit.”

In the 1980s, Dr. Darby served as the chief of flight medicine at the Reese Air Force Base in the Hub City. There, he was able to combine his passion for space and medicine.

“It’s interesting that aviation and the medical field have a lot in common, and he represented that,” Corrin said. “He loved being a physician and treating the pilots and their families. He was always called ‘Doc.’ Everywhere he went in Lubbock, ‘hey, Doc, hey, Doc.’ It lasted his lifetime.”

Corrin said she and her husband had a shared love for aviation. She was a flight attendant while he was a flight surgeon.

“Our lives were always in airplanes, so he loved airplanes,” Corrin said. “He chose the Air Force because he loved flying so much. Although he never got his license, he would fly with the pilots on their sorties, and then on their off time, he would fly around with them.”

Chafer said the journey helps bring closure to families worldwide.

“You don’t ever see as much cheering and high-fiving at funerals as you do at our launches,” Chafer said. “I think that really says it all. It’s an amazing elation, a dream fulfilled, a life’s journey completed.”

Dr. Darby died of Guillain-Barré syndrome at 62 years old on July 10, 2018. His ashes will remain in orbit for a few years before reentering and burning up like a shooting star, which in turn, will create a true ashes-to-ashes experience.

“We just felt it was a great final tribute to him,” Corrin said. “It’s exciting to know that he’s still up there somewhere, having a good time doing exactly what he would want to be doing. That makes us feel so good.”

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LUBBOCK, Texas (KCBD) - It was 78 years ago today, December 7th, 1941, a date President Roosevelt said would live in infamy.

The Japanese attack on Pearl Harbor naval shipyard in Hawaii killed more than 2,400 Americans, with many more wounded.

The attack drew the United States into World War II and mobilized the Greatest Generation to defend our country.

Saturday, at Lubbock’s Silent Wings Museum, three of our local World War II Veterans joined with other Veterans and local residents to mark this 78th anniversary.

Clifford Soloman said he was in a peanut patch in Comanche, Texas when the attack happened. He entered the service at age 19.

He's now grateful to receive the thanks of his fellow Americans.

"It is great. It is great," Solomon said. "I know they would do the same thing if they had to do this, too. I'd go tomorrow if they'd take me, you bet."

The local VFW post and Purple Heart Chapter led Saturday’s ceremony, with help from the American Legion, Patriot Guard Riders, and the Team Red White & Blue Organization.

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LUBBOCK, Texas (KCBD) - It’s the season of comfort and joy and now some local Veterans are trying to provide that for other Veterans in hospice.

Billy Tullos is a hospice patient and also a U.S. Army and Navy Veteran and as a part of the Kindred Hospice “Vet-To-Vet” volunteer program, Billy gets regular visits from Veterans like Gary Harber and Welby Smith.

“We start talking military stuff and things that we can identify with and they cheer up and it really warms our hearts to know that we’re doing something good for our brothers,” said Harber. “In the military, everybody that serves is a brother, so we have one of our brothers right here.”

When they’re together, they like to talk about their days serving in the military, their families, and stories from the Bible.

“You may serve together, but not in the same location. You may serve one in Japan, one in Korea, one in Europe and one in the United States. We have that identity with one another,” said Harber.

But most off all, Harber and Smith say they like supporting their brothers no matter what.

“He was sad until he (Harber) met him. They were laughing and everybody was laughing when they got together,” said Smith, who also says the program gives those receiving the company a voice. “These guys, we hear a lot of stories and they’re good stories too. A lot of them with stories that they wanted to be told and heard.”

Now, Harber, who served in the Army for over 40 years, has been visiting other Veterans for around six years now, and he says if you feel a desire to do the same, go for it.

"It’s a very special time to visit with service personnel and people who have served this country and have done the ultimate. Many are injured from their time in the military.”

“And our families don’t always understand,” said Billy, who chimed in.

People like Billy spread wisdom for volunteers too. For Billy, he says reading the Bible keeps him going as well as meaningful experiences.

“I can pat their back and he knows that he’s one of us," said Billy of Harber and Smith who visit him.

For more information on how you can volunteer in Lubbock, contact Kindred Hospice at (806) 748-1041.

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U.S. Attorney Bridget M. Brennan announced that Martin Escobar, 58, of Youngstown, Ohio, pleaded guilty in federal court today to illegally distributing controlled substances, causing the deaths of two patients, unlawfully distributing a controlled substance to a person under the age of 21 and health care fraud.

According to court documents and the plea hearing, between March 2015 and October 2019, Escobar admitted to prescribing controlled substances out of his Lake Milton medical office, including opioids such as oxycodone and hydrocodone, often in combination with benzodiazepines and stimulants, all outside the usual course of professional practice and without a legitimate medical purpose.

Escobar admitted that, in order to support his unlawful prescription practices, he used false diagnoses, falsified patient pain intensity scales in medical charts, increased dosages of controlled substances and prescribed them for prolonged periods without evidence of efficacy. Furthermore, Escobar admitted to inadequately investigating patient pain complaints, failing to pursue treatment options other than controlled substances and falsely claiming to have performed extensive physical examinations on his patients.

Escobar also admitted to ignoring warning signs of his patients’ drug addiction and abuse. This included ignoring the results of his patients’ urine drug screen tests, many of which were performed in Escobar’s medical office and later billed to the government. These tests suggested that patients were abusing the drugs that Escobar had prescribed, using other controlled substances and selling their prescription drugs on the illegal secondary market. As a result, Escobar pleaded guilty to health care fraud.

Escobar also admitted that, in July of 2015 and 2016, he unlawfully prescribed opioids and other controlled substances to two patients without a legitimate medical purpose. Both patients later fatally overdosed from the drugs. In another instance, in April of 2018, Escobar admitted that he unlawfully prescribed opioids to an individual under the age of 21 without a medical need.

Escobar is scheduled to be sentenced on May 17, 2022.

The case was investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Department of Health and Human Services Office of Inspector General, the Ohio Attorney General’s Healthcare Fraud Section and the Ohio Board of Pharmacy. This case is being prosecuted by Assistant U.S. Attorneys Brendan D. O’Shea, Elliot D. Morrison and Michael L. Collyer, and Special Assistant U.S. Attorney Jonathan L. Metzler of the Ohio Attorney General’s Office.

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Arriva Medical LLC (Arriva), at one point the nation’s largest Medicare mail-order diabetic testing supplier, and its parent, Alere Inc. (Alere), have agreed to pay $160 million to resolve allegations that they violated the False Claims Act.

Until it ceased business operations in December 2017, Arriva was a mail-order diabetic testing supply company based in Coral Springs, Florida. Alere is a medical device company now based in Abbott Park, Illinois. Alere acquired Arriva in November 2011. The settlement resolves allegations that Arriva and Alere made, or caused, claims to Medicare that were false because kickbacks were paid to Medicare beneficiaries, patients were ineligible to receive meters, or patients were deceased.

“Paying illegal inducements to Medicare beneficiaries in the form of free items and routine copayment waivers can result in overutilization and waste taxpayer funds,” said Acting Assistant Attorney General Brian M. Boynton for the Justice Department’s Civil Division. “We will continue to protect the integrity of the Medicare program by pursuing fraudulent claims arising from violations of the Anti-Kickback Statute or other applicable reimbursement requirements.”

The United States alleged that, from April 2010 until the end of 2016, Arriva, with Alere’s approval, paid kickbacks to Medicare beneficiaries by providing them “free” or “no cost” glucometers and by routinely waiving, or not collecting, their copayments for meters and diabetic testing supplies. Specifically, the United States alleged that Arriva advertised that glucometers would be “free,” and then during intake calls offered Medicare beneficiaries a “no cost guarantee,” under which Arriva would provide the meters at “no cost” if Medicare denied payment, which typically happened because the beneficiaries were not yet entitled to a new glucometer paid for by Medicare. Arriva also allegedly offered and provided existing customers “free” additional meters to induce them to reorder testing supplies from Arriva.

Arriva also allegedly routinely waived, and failed to make reasonable efforts to collect, Medicare copayments. It allegedly failed to send invoices to beneficiaries, and failed to take other basic steps, like sending collection letters or making phone calls, to collect copayments. Specifically, Arriva allegedly systematically waived “small” dollar copayments without informing beneficiaries of their copayment obligations by sending them an invoice, and allegedly automatically waived other unpaid copayments after sending no more than three invoices seeking payment and making no other collection efforts. Arriva also allegedly waived copayments when customers complained that Arriva had advertised and otherwise indicated that their supplies would be free or at no cost.

“The False Claims Act and related statutes exist to protect the public fisc and to ensure companies do not benefit from unfair competition by gaining an illegal advantage over competitors,” said Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee. “When companies engage in such practice, they can expect to be held accountable for their actions.”

“Engaging in activities that result in the submission of false claims to Medicare diverts funding from the necessary treatment and medical supplies beneficiaries need,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “We will continue working with our law enforcement partners to hold accountable those who seek to enrich themselves by submitting false claims to federal health care programs.”

“The TBI is diligent in pursuing false claims allegations such as these,” said Director David Rausch of the Tennessee Bureau of Investigation. “The partnership we have with our federal counterparts is key in combating healthcare fraud.”

The settlement also resolves allegations that Arriva and Alere caused the submission of false claims to Medicare for glucometers because Arriva, with Alere’s approval, allegedly systematically provided to all of its new patients, and billed Medicare for, a meter without regard to the patients’ eligibility for one. Medicare beneficiaries are only eligible to seek reimbursement for a new meter once every five years. Arriva also allegedly repeatedly billed Medicare for new meters for existing patients where Arriva itself had previously billed Medicare for meters for those patients within the five-year window.

Finally, the settlement resolves claims that Arriva submitted false claims to Medicare on behalf of deceased beneficiaries. In November 2016, the Medicare program revoked Arriva’s Medicare supplier number for doing so.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Gregory Goodman, a former employee at an Arriva call center in Antioch, Tennessee. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The Act also permits the United States to intervene and take over the litigation of such actions, as the United States did here. Mr. Goodman will receive $28,548,749 as his share of the recovery. The qui tam case is captioned United States ex rel. Goodman v. Arriva Medical LLC et al., Case No. 3:13-cv-00760 (M.D. Tenn.).

Arriva’s founders, David Wallace and Timothy Stocksdale, previously paid $1 million to resolve allegations that they participated in the kickback scheme. Ted Albin and Albin’s company, Grapevine Billing and Consulting Services Inc., are not parties to the settlement and remain defendants in the ongoing litigation. The United States filed suit against Albin and Grapevine shortly after it intervened in the qui tam action against Arriva and Alere.

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, the U.S. Attorney’s Office for the Middle District of Tennessee, HHS-OIG, and the Tennessee Bureau of Investigation.

The investigation and resolution of this matter illustrate the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The matter was handled by Trial Attorney Jake M. Shields of the Civil Division and Assistant U.S. Attorney Ellen Bowden McIntyre of the Middle District of Tennessee.

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As the Department of the Air Force's chief of chaplains, Maj. Gen. Steve Schaick has seen firsthand the power of social media to forge connections during the COVID-19 pandemic. For example, airmen have signed onto Facebook Live events in increasingly higher numbers, said Schaick, who's also a chaplain. Participation has been so strong that the Air Force likely will continue to incorporate aspects of social media into religious outreach efforts even after physical distancing restrictions are lifted.

But sometimes, Schaick said, nothing beats IRL – in real life.

"I think social media is kind of like having plastic plants in the house," he said. "From a distance, they look good. And of course, they don't need to be watered so there's nothing to maintain."

But the rewards of caring for live plants are exponentially more satisfying, Schaick said. "Social media creates an illusion that we're having the meaningful connections our souls long for. And during this pandemic, even introverts have discovered their inherent need for actual social interactions, and the emptiness that comes with social media alone."

"People who used to think they were fine with just, you know, a good book and a comfortable chair are now saying, 'There's something missing in my life.' Humans are wired as social creatures. It's a piece of our DNA."

As the pandemic stretches into eight months and counting, more and more people are turning to social media as a substitute for risky in-person interactions. Facebook and other social media platforms have reported record use, compared to a year ago.

But is that always a good thing?

Social media "allows us to maintain connections with [far-flung] family members, and to reengage with people we may have lost touch with," said Nancy Skopp, Ph.D., a research psychologist with the Defense Health Agency's Psychological Health Center of Excellence.

"Social media also may serve as a creative outlet, as a means of self-expression," she said. "It can impart a sense of belonging for some and promote offline interactions."

But Skopp also recognizes the potential harmful effects. She was lead author of a 2018 study of Facebook use among 166 active-duty U.S. service members deployed to Afghanistan. For all of social media's benefits, "It makes it easier for people to make social status comparisons," she said. "This could be a risk factor for anxiety and depression among vulnerable people."

Social media engagements also may lead to aggression and exposure to bullying, she said, noting a study that found almost 25% of Facebook users felt regret about something they posed online. Skopp also points to another study of social media that was conducted before the pandemic. It found that over the course of 10 days, greater everyday use of social media resulted in lower feelings of overall well-being.

"I don't think anyone can make a blanket statement that social media is good, or social media is bad," Skopp said. "It's all about how you use it," even in times when in-person interactions are considered too risky, health-wise.

So participating in an interactive event is more beneficial, she said, than "just sitting around and scrolling through social media posts. That can be a little demoralizing and contribute to negative feelings and moods."

Skopp also says there are benefits to using social media to remain active and engaged in hobbies or topics you really care about – or have always wanted to explore. "This can help increase feelings about positivity for the future," she said.

Researchers can't say for certain how much time engaged in social media is too much. But it's important to spend quality time off line. For example, "there's a very large body of literature attesting that a regular exercise regimen is extremely helpful for mood regulation and just overall long-term mental and physical health," Skopp said.

Schaick said he rides his bicycle regularly and also goes for runs and walks. "Exercise is important for me," he said. "But so is this idea of taking control of myself – there are a lot of things I can do even in this restricted environment." He and his wife have created a social bubble with another couple and "carefully and responsibly" spend time together on the weekends.

"I think it's going to be years before we fully understand the psychological and emotional impact of COVID-19," Schaick said. "But even though the news seems bad and discouraging, I'm absolutely certain that we're going to get through this. And we will emerge as better, more resilient people."

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A key annual report on Veteran homelessness was never released last year, and now lawmakers want to know why the "urgent" data is missing when it may be more important than ever before.

Each year, the Department of Housing and Urban Development releases a "Point-in-Time" count of unhoused people, particularly Veterans. HUD conducted its annual count in January 2020, but never released its report -- a major resource for Congress in making decisions about how to legislate and allocate resources to respond to Veteran homelessness.

The leaders of the House and Senate Veterans Affairs committees, House Chairman Mark Takano, D-California, and ranking member Mike Bost, R-Illinois, and Senate Chairman Jon Tester, D-Montana and ranking member Jerry Moran, R-Kansas, sent a letter to Acting HUD Secretary Matt Ammon Tuesday, urging him to release the data. Not even Department of Veterans Affairs leaders have reviewed the report yet, they wrote.

In past years, the analysis of the number of Veterans homeless on a given night in America was compiled into a report in consultation with VA officials and presented to Congress by the end of the year, but no such report was shared in 2020. The HUD Press Office told Connecting Vets it expected to release a report sometime in February, but as of March 3 it had not been made public.

The lawmakers said the data in the report is critical to the work to end Veteran homelessness.

"In order to effectively address barriers to access shelter, health care, and benefits for this particularly vulnerable population, we all need to be working with the most up-to-date information available," they wrote in their letter.

The 2020 data is also key, given the increased risk to and additional resources needed for Veterans experiencing homelessness, or who are at risk during the pandemic.

"We cannot adequately serve homeless Veterans and their families and ensure that the resources and programs available are helping if this data remains unavailable," the members of Congress wrote.

HUD, like other federal agencies and organizations across the country has been working under pandemic conditions, which the lawmakers acknowledged, but the department did not communicate with Congress about the report's delay or a need for further resources, they said. And Congress cannot move forward without the information, as well as the 2021 report, which will likely be a more accurate reflection of the effects of the pandemic on Veterans experiencing homelessness.

The lawmakers asked HUD for a timeline on the 2020 report, what issues kept it from being released, how it will prevent a future delay for the 2021 report and how HUD will work with VA to address Veteran-specific challenges or findings from the 2020 and 2021 reports, according to the letter.

Last spring, advocates and experts said they expected the pandemic to result in a major spike in the number of Veterans who are homeless or at risk of homelessness, a population at greater risk for the virus.

Tens of thousands of Veterans are homeless on any given night in America, and more than 1.4 million were at risk of becoming homeless before the pandemic struck.

In recent years, advocates have praised the efforts of VA, Congress, and state, local, federal and private partners in reducing Veteran homelessness by nearly 50% from 2010 to 2019, according to VA and HUD data.

Early in the pandemic, work to shelter Veterans in permanent housing ground to a halt when they needed it most. Congress worked to provide millions in emergency funding to help house homeless Veterans in hotels and pay for testing for those who fell ill, but permanent housing was still a struggle. Other major Veterans bills that made it through Congress in 2020 also included measures to aid homeless Veterans, such as the omnibus Johnny Isakson and David P Roe Veterans Health Care and Benefits Improvement Act, which also featured landmark legislation for women Veterans.

About 11% of the American homeless population are Veterans. Women Veterans are the fastest growing group of homeless Vets. Homeless and housing insecure Veterans are also disproportionately Veterans of color. Homeless Vets are also disproportionately younger and many suffer from mental health and substance abuse issues, according to the National Coalition for Homeless Veterans.

The Biden administration's pandemic response package moving through Congress includes some funding for VA, including for programs to help homeless or housing insecure Veterans. But that massive bill will have to survive negotiations and a vote in the Senate before it can make it to the president's desk for final approval.

Veterans service organizations are expected to participate in a series of Congressional hearings this week, an annual opportunity for them to lobby the House and Senate Veterans Affairs committees about their legislative priorities. This year, groups focusing on minority Veterans will also be included. One of the groups expected to present is the National Coalition for Homeless Veterans.

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SAN DIEGO (KGTV) - The new year will bring a new opportunity for active duty military, reservists and Veterans to buy a more expensive home with no money down.

On Jan. 1, the government will lift caps on zero percent down V.A. home loans. It's part of the Blue Water Navy Vietnam Veterans Act of 2019, which Congress passed and the President signed in June.

Currently, qualified borrowers in San Diego can buy a home valued at up to $690,000 with 0 percent down. For any amount beyond that, the borrower would have to come up with 25 percent of the difference in cash. So under current rules, if a borrower wanted to buy a home for $790,000 - he or she would need to pay $25,000 in cash to qualify. On Jan. 1, that requirement will go away.

Mark Goldman, a loan officer at C-2 Financial, said the more buying power is a good thing, noting that the V.A. has excellent underwriting standards.

"The V.A. knows how to underwrite 100 percent financing," he said. "It has been doing it for a long time, it knows what to look for to make sure people can pay it back."

The V.A. funding fee will increase from to 2.15 percent to 2.3 percent for first time-loans. However, that fee is rolled into the loan.

"The bottom line is you've got to show the financial means to qualify in any loan. The V.A. loan is the best loan out there," said said Andre Hobbs, a San Diego real estate agent and a director at the Veterans Association of Real Estate Professionals.

Hobbs noted there are fee waivers for those with disability benefits, and that V.A. loans do not require private mortgage insurance.

The median price for a home in San Diego County is just under $600,000.

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A man believed to be the oldest living American to have served during World War II celebrated his 110th birthday Thursday at the National World War II Museum in New Orleans.

Family, Veterans, and current military service members joined Lawrence Brooks at the museum, where the celebrated with cupcakes and a musical performance by the Victory Belles trio.

Born in 1909, Brooks served as a support worker in the Army’s 91st Engineer Battalion, a majority African-American unit stationed in New Guinea and the Philippines during the war. He reached the rank of private first class.

He was the servant to thee white officers in the battalion, the museum said in a press release.

The supercentenarian is a father to five children and five step-children.

He had an exhilarating brush with death

In an interview with the museum, Brooks recounted a story of riding in a C-47 cargo plane from Australia to New Guinea. The plane was loaded down with barbed wire but “one of the motors went out on it,” he said.

To lighten the plane, those aboard threw much of the cargo into the ocean. Brooks threw the boxes out of the plane like his life depended on it: there were only enough parachutes on the plane for the pilot and the co-pilot.

Brooks said he joked to the aircraft’s pilot: “If he’s going to jump, I’m going to grab him.”

Thankfully, he didn’t have to resort to drastic measures.

“It was a scary moment,” he said. “But we made it.”

Gustav Gerneth, who fought on the German side in the war and was captured as a Russian prisoner of war, is believed to be the oldest living WWII Vet at 113 years old.

In a statement, National World War II Museum CEO Stephen Watson said that Brooks’ life and service was filled with the kinds of “stories of bravery and determination” that the museum exists to celebrate.

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The brother of a service-disabled Navy Veteran was sentenced in federal court Nov. 1 for the misappropriation of his brother’s Veterans Affairs benefits, according to a press release by the U.S. Attorney’s Office for the Western District of Pennsylvania.

United States District J. Nicholas Ranjan sentenced Andrew Ziacik, 57, to one day imprisonment and ordered him to pay a $4,000 fine and $75,000 in restitution to his brother, Paul Ziacik, after pleading guilty.

Ziacik originally entered a plea of not guilty November of 2020, but officially changed his plea to guilty June 2, 2021.

According to court documents, Ziacik acknowledged that between 2013 and 2017, he was the appointed federal fiduciary for a VA beneficiary, meaning that he was responsible for receiving his older brother’s VA income and ensuring that all of his debts were paid.

But in direct violation of the Fiduciary Agreement, Ziacik misappropriated his brother’s VA benefits to purchase for himself — among other things — a Harley Davidson motorcycle, a GMC Sierra truck and a diamond ring, according to court documents.

Between 2013 and 2017, Ziacik made more than 100 unauthorized ATM cash withdrawals, taking a total of $25,647.25, from his brother’s beneficiary account.

He also unlawfully transferred funds from his brother’s account to his own personal accounts 41 times, sending himself approximately $139,950.

According to the press release, Ziacik also failed to provide the VA with complete and accurate records when a formal accounting inquiry was initiated in August 2016.

In a letter to the court, Ziacik wrote about the relationship between the two brothers.

“I was so happy and glad for him to be starting his life on his own and choosing the path he chose,” Ziacik wrote. “While in the Navy, it was the longest time my brother and I have ever been apart.”

Ziacik then wrote about the time his brother surprised him at home while he was on leave from the Navy, hitchhiking all the way to Pennsylvania from Naval Base Kitsap Keyport in Washington.

According to the letter, the next time Ziacik saw his brother, he was lying in a hospital bed on life support from unspecified injuries, spending the summer in a coma.

Ziacik wrote that he’s been taking care of his brother since he was 15, when his brother finally came home after months spent recovering in a VA hospital.

“Paul and I have a special bond,” Ziacik wrote. “We cherish that bond.”

“I am sorry for the inappropriate mishandling of my brother’s dividends that I was responsible for,” Ziacik wrote. “I am ashamed of myself and extremely embarrassed.”

Assistant U.S. Attorney Eric G. Olshan prosecuted the case on behalf of the federal government. The investigation into Ziacik was conducted by the VA’s Office of Inspector General.

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A man traded a dead veteran’s stolen Purple Heart medal for a Mountain Dew drink, North Carolina officials said.

Erica Laws told news outlets she recently went to her family home and found it “ransacked” after a break-in. Officials in an incident report said at least one military medal was gone from the home near Lenoir, roughly 75 miles northwest of Charlotte.

Her father, Daniel Laws, had served in the Vietnam War, and he also earned another Purple Heart and two bronze stars that went missing, WSOC reported on Thursday.

“I felt so bad because he protected the country and I can’t even protect his memory,” she said, according to WSOC.

Now, 31-year-old Charles Carr is accused of trading one of the military medals for a Mountain Dew Code Red, according to news outlets. The medal has been recovered, according to reports.

News outlets didn’t list an attorney for Carr, and the Caldwell County Sheriff’s Office didn’t immediately share additional details about the case with McClatchy News.

As of Thursday, the sheriff’s office said the other medals are still missing and that Carr was wanted for obtaining property under false pretense, according to WBTV, The Charlotte Observer’s media partner. In addition to the military items, Carr is accused of stealing an ATV and items from around the house.

Purple Hearts are awarded to people who have served in combat and been injured or killed. The medals are meant to symbolize sacrifice and were first given out in 1783, the U.S. Army says on its website.

Since 1941, military members have been able to earn bronze stars if they show “heroic or meritorious achievement or service” against an enemy or “opposing foreign force,” according to officials.

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West Palm Beach, Fl. – Today, federal district judge Kenneth A. Marra committed a man who fired gunshots inside a West Palm Beach VA Medical Center to the custody of the U.S. Attorney General for 25 years of mental health care and treatment at a suitable medical facility. The commitment is a provisional sentence for sixty-year old defendant Larry Ray Bon, a formerWest Palm Beach resident. If during Bon’s commitment, it is determined that he no longer needs treatment, Bon will reappear in federal court, where a judge will sentence him to a federal prison term of between 12.5 and 25 years. Lawyers for theU.S. and Bon jointly recommended this provisional sentence arrangement for the defendant.    

Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI’s Miami Field Office, and David Spilker, Special Agent in Charge, Veterans Affairs Office of Inspector General, made the announcement.

According to court records, Bon brought the firearm and ammunition to the emergency room of the Department of Veterans Affairs Medical Center inWest Palm Beach,Florida. When he became frustrated with medical staff, Bon retrieved the firearm from his wheelchair, and fired several shots. He placed VA Medical Center employees in fear for their lives, including two employees who were near Bon. An emergency room doctor attempted to disarm Bon, who fired the gun again, hitting the doctor in the neck. Despite being injured, the doctor was still able to disarm Bon. VA Medical Center staff then subdued Bon. The doctor survived the gunshot wound.

OnMarch 13, 2020, Bon pleaded guilty to three counts of Assaulting, Resisting, or Impeding Federal Employees, and one count of Possession of a Firearm in a Federal Facility with Intent to Commit a Crime. Federal law allows for a provisional sentence that commits a defendant to the custody of the Attorney General for treatment where a judge “finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect and that he should, in lieu of being sentenced to imprisonment, be committed to a suitable facility...” 18 U.S.C. §4244 (d).  

“WhenU.S. military veterans walk through the doors of a VA medical clinic for healing, they should feel comfort and hope, not fear of violence,” said Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida. “We are committed to protecting our cherished veterans and the dedicated employees of the South Florida VA medical clinics who treat them.”  

“As detailed in the plea agreement and subsequent sentence, Bon’s dangerous actions injured VA employees and risked the safety and well-being of veterans.  VA OIG is committed to holding accountable anyone who commits an act of violence at a VA facility and ensuring that both veterans and employees have a safe environment to obtain quality healthcare," said David Spilker, Special Agent in Charge, Veterans Affairs Office of Inspector General.

U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI and VA OIG.  Assistant U.S. Attorneys Susan Osborne and Rinku Tribuiani prosecuted this case. Assistant U.S. Attorney Danielle Croke is handling the asset forfeiture aspects of the case.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.

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The Scoggins Family Felt Lost Until Resources For Veterans And Caregivers Changed Their Course.

It took Jacqui Scoggins several years of marriage, the loss of her career and an ongoing struggle to keep her family afloat before she realized that she wasn’t just a wife on the verge of divorce; she was a caregiver in need of a lifeline.

“I was at my breaking point,” Jacqui said. “I knew there was something wrong, and I was trying to fix our whole life together.”

Robert Scoggins was an Air Force combat search and rescue pilot.

“I did Iraq, Afghanistan, Africa, 252 combat missions, 251 pickups and 151 lives saved,” Robert said, sharing his story in Washington, D.C., with Jacqui and service dog, Jefe, by his side. Saving himself, however, proved more difficult. Robert returned from war with invisible wounds, including PTSD and traumatic brain injury, that not only put his own life at risk — but jeopardized his family’s well-being, too.

The couple's experience, while unique to their situation, is far from an anomaly. In fact, according to a 2014 study commissioned by the Elizabeth Dole Foundation, there are no fewer than 5.5 million Veteran and military caregivers like Jacqui across the United States, each on a journey that can feel isolating and overwhelming. Like Jacqui, many family members of Veterans may not even realize that they qualify as caregivers. Too few know what to expect, and far too many experience frustrations with health care systems, as well as a lack of resources, self-care and community to help them along the way.

After his third deployment, Robert went through a divorce with his former wife and a battle for parental rights, coping externally with his post-traumatic stress disorder and suppressing his problems. After meeting Jacqui, Robert continued to self-medicate and exercise poor impulse control. He ultimately attempted suicide before accepting and receiving the help he needed to survive.

Every Veterans Day, Americans celebrate heroes like Robert without realizing the extraordinary cost of their service. At the same time, most people rarely think to celebrate those who go the furthest to save the country’s heroes: caregivers and family members like Jacqui who support them every day. The Elizabeth Dole Foundation, which calls these individuals hidden heroes, is devoted to empowering and recognizing and supporting their influence across the nation.

According to Steve Schwab, CEO of the Elizabeth Dole Foundation, the Foundation-commissioned study that first uncovered a national military caregiving crisis also called for more research. More work needed to be done to understand types of support that caregivers need and the circumstances when they need it most.

“We didn’t know enough about what was happening in the homes of these caregivers; we desperately needed insight into the daily challenges and experiences that were shaping their lives,” Schwab said.

So when Philips volunteered to help map the entire military and Veteran caregiver experience in partnership with the foundation and the U.S. Department of Veterans Affairs, Schwab was ecstatic.

“Philips has been with us over the last four years, painting that picture of need, painting that picture of support, helping us forecast the long road ahead for military and Veteran families and for caregivers,” he said.

“Before we could create it, we had to identify the most common caregiving gaps,” said Vitor Rocha, Chief Market Leader of Philips North America. “So, our team talked to more than 500 Veterans and their families, advocacy groups, healthcare providers, and many others. We listened to courageous caregivers as they told their stories and pushed us to reimagine what is possible. The result is a roadmap that takes Veterans and caregivers from symptom to diagnosis, to treatment to home care, keeping the Caregiver at the center of the conversation.”

At the fourth national convening of the Elizabeth Dole Foundation, hosted at the Capital Hilton in Washington, the progress made since 2014 was palpable.

“Every caregiver story begins with an individual who raises their hand to serve our country,” founder Sen. Elizabeth Dole said to an audience of caregivers, Veterans, health providers and partners. “It is one of the greatest love stories ever told.”

Secretary of Veterans Affairs Robert Wilkie likewise pledged his commitment to caregivers.

“My mother became a caregiver when my father was seriously wounded,” he said. “Caring for our heroes is everyone’s business.”

Jacqui has been an Elizabeth Dole Foundation Dole Caregiver Fellow since 2017 and was involved in the development of the Caregiver Experience Map. Originally presented with a linear map, Jacqui’s input helped inform the circular prototype in use today, which she believed better represents her caregiver journey and that of many others.

Robert views the map as the opposite of the downward spiral Veterans often experience but don’t always escape. “(Instead), it’s an expanding circle,” he explained.

According to Schwab, one of the map’s primary functions is to help Veterans and their families prepare for what’s next — emotionally, psychologically, physically, socially and even financially.

“Caregivers and Veterans think a lot about what they need right now,” he said. “Our work with Philips has allowed them to think about tomorrow and the next day and a year down the road.”

Another key function of the map is to provide caregivers and Veterans’ families with effective resources at whatever point they’re at. Ideally, the map will act as a navigational tool from the start.

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Weed, ganja, flower, Mary Jane. The devil’s lettuce is known by numerous monikers, almost as many as the scores of aficionados who enjoy its restorative benefits.

On Wednesday, New York Gov. Andrew Cuomo acknowledged the plant’s sanative advantages by signing legislation legalizing marijuana’s recreational use among the state’s adult population.

Cannabis fans rejoiced, ushering forth a celebratory cloud over the Big Apple by way of Js, pens, chillums, dab rigs, bubblers and the ones they call Kim Bong Ill, Dank Sinatra and J.R.R. Token.

But should we really be reveling in another state’s legalization of OG Kush, Purple Urkle and Laughing Buddha? (Yes.)

Not if you’re Marine Veteran and media personality Greg Kelly, who how-do-you-do-fellow-kids’d his way through a tweet that cast marijuana as something much more sinister than any apathetic, wan D.A.R.E. employee could convey during elementary school presentations of yore.

“SMOKING WEED (aka GRASS) is NOT a good idea,” Kelly tweeted. “I’ve tried it (back in the day) and it was WORSE than anything that happened to HUNTER BIDEN. I ‘toked up’ with some buddies in Kentucky and woke up 4 days later in Nairobi, Kenya. With no idea what happened. DON’T DO DRUGS.”

Phenylcyclohexyl piperidine is another drug, and by the sounds of Greg’s 96-hour bender, the Kentucky chronic may have been bathed in it. Heaven forbid Kelly, who once ranted about a fictitious “McFish” sandwich, which earned the Marine Veteran a “Male Karen” designation by a McDonald’s employee, try something harder and simply evanesce entirely.

To be fair, however, Kenya does have a few of the same letters as Kentucky. Perhaps it was simply a marijuana-induced wrong turn... but for four days straight.

If only Kelly had been provided the standard safe cannabis consumption area replete with medical staff and security specifically trained to prevent East African pilgrimages...

That’s how the rest of us enjoy “SMOKING WEED (aka GRASS),” right? Oh yeah, everyone else just eats pizza and passes out.

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One in four Veterans enrolled in VA health care services has diabetes

Marine Corp Veteran Allan Parish wants you to know about a new VA campaign aimed at giving Veterans a better understanding of their diabetes numbers.

The “Understand Your Diabetes Numbers” campaign educates Veterans and their families on the disease. For instance, it explains hemoglobin A1C, glucose meter, blood pressure and kidney tests and other vital measurements.

After all, Parish knows how important that information is. “I was taught how to care for myself as a type 1 diabetic and what the symptoms of hypoglycemia were,” he said.

He receives care at the Parma VA community-based outpatient clinic.

One in four Veterans enrolled in VA health care services has diabetes. Consequently, this campaign encourages Veterans to be proactive with their health care teams by improving their understanding of diabetes test results.

Parish remembers he was constantly feeling run down. He drank large amounts of water and went to the bathroom frequently throughout the day.

Year-long campaign

“I knew something was wrong. Still, I didn’t realize I was a Type I diabetic until I ended up in an emergency room in Cleveland after nearly blacking out.

“Being a Type 1 diabetic requires me to pay attention to all aspects of life. Eating, exercising, taking care of wounds immediately and getting proper rest. Everything I do affects my overall health and quality of life.”

VA’s Office of Patient Care Services oversees the year-long campaign, which addresses treatment goals, medication and nutritional management. In addition, key topics include understanding the importance of hemoglobin A1c test results. Finally, the program promotes shared decision making between Veterans and their health care team.

Veterans can learn about hypoglycemia safety, insulin differences and good nutrition and carbohydrate counting. Also, about kidney function and blood pressure measurement.

Choosing Wisely®, a collective effort among professional societies, guides VA’s diabetes campaign. The goal is to reduce medical tests, treatments and procedures that may be unnecessary.

For more information, watch the VA videos Diabetes is a Disease of Numbers and Healthcare Teams Helping Veterans Understand Diabetes Numbers.

Parish adds that receiving health care from VA “lead me to become a better person and, finally, I feel great!”

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60 surviving members gathered for a reunion weekend dubbed Operation Resiliency

The Marines of Lima Company, 3rd battalion, 25th Marines, took some of the heaviest casualties during the Iraq War. Of the 184 Marines who deployed together from this Ohio Reserve unit, 23 were killed in action, including 15 in one roadside bomb in Anbar province, the largest single loss of life in a roadside bombing during the war.

Those who survived the seven-month tour, including 37 who received Purple Hearts, had some of their hardest days after returning home. Their 2005 deployment on the Syrian border was to some of the war’s biggest ambush territory. They received three Silver and 11 Bronze Stars for valor. Back home, suicide became the enemy of this battle hardened unit who spent all but 10 days of their tour "outside the wire," the safety of their base camp.

Private First Class Michael Logue was 19 years old in 2005. This native of Lebanon, Ohio, deployed six months after high school, postponed college and became the unit’s "mortar guy."

"You know, I personally took sniper fire, machine gun fire, RPG fire bounces just feet away from your head and it's a dud and bounces around the rooftop with you, you know, thank the Lord. Direct impact, mortars just feet above your head," Logue recalled.

On May 11, six Marines were killed in a deadly roadside bombing just days after two others were killed as Lima Company took a break from clearing houses. "You know, the very last house that one of our teams was clearing ended up being just a ‘kill house,’ it was concrete steel reinforced with a 50 cal machine gun under the concrete to basically be aimed up at the entryway so that when the Marines that were in there popped off their helmets," Logue said.

It was a shooting gallery. The losses from that incident and so many others still haunt the unit, which is why their commanders reached out to The Independence Fund, which had partnered with the Department of Veterans Affairs to participate in a pilot program to prevent additional suicides among Veterans. The idea was born at the funeral for Derek Hills (Bravo Company, 2-508) from the 82nd Airborne in 2018. "Someone said, ’see you at the next funeral’," recalled Danica Thomas of The Independence Fund, whose husband, Allen, a combat Vet from the same unit had died by suicide. "We said, no, there’s not going to be another one."

Sixty surviving members of Lima Company gathered in Nashville for a reunion weekend dubbed Operation Resiliency and organized by The Independence Fund from May 20-23. For some, it was the first time they had seen each other in 16 years. Last year, 571 service members died by suicide, up 13% from the year before. The VA estimates 17 Veterans take their lives every day, an epidemic made worse during the isolation of the past year’s pandemic.

"You're always vigilant. You're always in that hyperactive. So, you know, as a 19-year-old combat Veteran returned home to Lebanon, Ohio, you know, two weeks being home, in my mind, I just felt like I wasn't home. I felt like I was home. I felt like there was unfinished business. We left brothers, you know, and blood on the sand in Iraq," explained Logue, who attended the Operation Resiliency weekend. He is now married and has two children, living in Cincinnati. "Statistically speaking, the highest rate of suicide in the military is combat Veteran males from 18 to 25."

As the Marines from Lima Company checked into the Nashville hotel, some were given T-shirts that said "Not all Heroes Wear Capes." They hugged. Some cried. The weekend began with storytelling.

Their Sgt Major Dan Altieri, told them, "It’s OK not to be OK." Therapists from the VA broke the ice with talk therapy broken up by group physical therapy and a little axe throwing, for good measure.

"Sometimes they just lose their memories or they want to forget about things that they did and they thought it was maybe a negative part of their life. So you get back together with groups like this, rekindle, listen to other people's stories and just know that the military made them who they are today or being a large part of who they are today. And I think that's a positive experience for everyone," Lima Company’s Brian Hamilton said.

They talked about some of the worst days of their deployment: like May 11, when Michael Logue was traveling in a convoy of Amphibious Assault Vehicles, which at that time were not armored and were being used by the Marines on land. "There’s nothing assault about it. It’s a big, large, soft target. It has an aluminum underbelly," Logue explained. The Marines bolted armor to the sides for makeshift protection but that made the vehicles move slowly. "We’ve got 17 Marines packed into it, knees interlocked. Shoulder to shoulder. We’re sitting on about 50,000 rounds of ammunition." His platoon sergeant ordered him to switch assault vehicles at the last moment, a decision that saved his life.

"I stand up on overwatch and we start rolling forward. And 30 seconds later, I see a Marine in the open. I see a fireball. And then I see I, you know, start to feel explode, you know, start to hear the explosion because you always kind of feel it and see things first and then then you actually hear it," Logue told Fox News. "It was a pressure plate, IED with like hacksaw blades, and it shot the amount of explosives, had a piece of steel over top of it. So it creates a big shaped charge. And it just sliced right through the aluminum underbelly of this Amphibious Assault Vehicle hitting all the jet fuel, hitting all the 50,000 rounds of ammunition."

Fifteen Marines were killed instantly.

One of his fellow Marines, Mike Strahle, was flung by the blast into an open field. He survived and has spent recent years traveling the country with a display of the boots and dog tags of Lima Company and telling their story in "Eyes of Freedom."

They mounted the display in Nashville along with the photo and dog tag of Lance Corporal Nicholas B. Erdy - who was on the vehicle that blew up on May 11, 2005, shortly after Michael Logue was told to change vehicles.

"It's the first time in 16 years I kind of mentioned this inside," said Lima Company’s Jeff Valentine. "it almost felt like we were deployed again. It was fun. We're all away from our normal homes. It's just the guys. We've got to tell our stories freely and laugh and joke. And it was great. … The biggest thing for me was every stressor I have in my everyday life was gone for the last 72 hours. And I just it was like a reset. It felt great. I don't know. I felt like I was 22 years old. It was fun."

They did a service project: painting shelters for homeless Vets.

"Something like this, you know, this program helps me kind of understand, ‘Hey, I'm not the only one, you know, I'm not the only one,'" Leighton Redhouse explained. "It’s kind of opening my eyes like, oh f--k, yeah, I'm not the one. Because when it's you, you kind of think I'm the only one going through this."

They visited the Johnny Cash Museum, where Cash's nephew played guitar and a bugler played the national anthem and taps for those who did not come home.

Lima Company 3/25 killed in action:

• Private First Class Christopher R. Dixon 5/11/2005
• Lance Corporal Christopher P. Lyons 7/28/2005
• Staff Sergeant Anthony L. Goodwin 5/8/2005
• Petty Officer 3rd Class Travis Youngblood (Navy Corpsman) 7/21/2005
• Sergeant Justin F. Hoffman 8/03/2005
• Staff Sergeant Kendall H. Ivy II 5/11/2005
• Lance Corporal Nicholas William B. Bloem 8/3/2005
• Corporal Andre L. Williams 7/28/2005
• Lance Corporal Grant B. Fraser 8/3/2005
• Lance Corporal Aaron H. Reed 8/3/2005
• Lance Corporal Edward A. Schroeder II 8/3/2005
• Sergeant David Kenneth J. Kreuter 8/3/2005
• Lance Corporal Jourdan L. Grez 5/11/2005
• Lance Corporal William B. Wightman 8/3/2005
• Lance Corporal Timothy M. Bell, Jr. 8/3/2005
• Lance Corporal Eric J. Bernholtz 8/3/2005
• Corporal Dustin A. Derga 5/8/2005
• Lance Corporal Nicholas B. Erdy 5/11/2005
• Lance Corporal Wesley G. Davids 5/11/2005
• Sergeant David N. Wimberg 5/25/2005
• Lance Corporal Michael J. Cifuentes 8/3/2005
• Lance Corporal Christopher J. Dyer 8/3/2005
• Lance Corporal Jonathan W. Grant 5/11/2005

If you or someone you know is having thoughts of suicide, please contact the National Suicide Prevention Lifeline at 1-800-273-TALK (8255). Veterans can also reach out to the Veterans Suicide Hotline at 1-800-273-8255.

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JACKSON, Miss. — A pharmacy marketer has been sentenced to 30 months in prison for his role in a scheme to defraud a military health care program and private insurance companies, federal prosecutors said.

Thomas Wilburn Shoemaker, 57, of Rayville, Louisiana, was sentenced Tuesday for his role in a multimillion-dollar scheme to defraud Tricare and private insurance companies by paying kickbacks to distributors for the referral of medically unnecessary prescriptions. Tricare covers uniformed service members, retirees and their families.

The alleged conduct resulted in more than $180 million in fraudulent billings, including more than $50 million paid by federal health care programs, the U.S. Department of Justice said in a news release.

Shoemaker participated in the scheme by acting as a marketer for a network of pharmacies owned and operated by co-conspirators Mitchell Barrett and David Rutland. Shoemaker worked with the pharmacies to use his Tricare insurance to adjust prescription formulas to ensure the highest reimbursement without regard to efficacy, and he recruited doctors to procure prescriptions for high margin compounded medications. Shoemaker also obtained numerous fraudulent prescriptions using the personal information of military acquaintances.

Shoemaker pleaded guilty on Aug. 12 to conspiracy to defraud the United States and solicit, receive, offer, and pay illegal kickbacks.

In addition to the prison sentence, Shoemaker was ordered to pay restitution and forfeit all assets resulting from the scheme.

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Defendant Falsely Claimed to Provide Services During COVID-19 Pandemic

WASHINGTON – Sikirat Adunni Brown, 59, of Upper Marlboro, Md., pleaded guilty today to defrauding the D.C. Medicaid program out of more than $340,000.

The announcement was made by Acting U.S. Attorney Channing D. Phillips; Robert E. Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division; Maureen R. Dixon, Special Agent in Charge of the U.S. Department of Health and Human Services’ Office of Inspector General for the region that includes Washington, D.C., and Daniel W. Lucas, Inspector General for the District of Columbia.

The Honorable Dabney L. Friedrich, who accepted Brown’s guilty plea, scheduled sentencing for Nov. 8, 2021. In addition to facing prison time, Brown faces financial penalties.

Brown admitted that, at various times between January 2014 and June 2020, she worked as a personal care aide for at least eight different home health agencies. The home health agencies employed her to assist D.C. Medicaid beneficiaries in performing activities of daily living, such as getting in and out of bed, bathing, dressing, and eating.

Brown was supposed to document the care that she provided to the Medicaid beneficiaries on timesheets and then submit the timesheets to the home health agencies, which would in turn bill Medicaid for the services that she rendered. In her guilty plea, Brown acknowledged that between 2014 and 2020, she caused the D.C. Medicaid Program to issue payments totaling $343,539 for services that she did not provide. As part of her scheme, she submitted false timesheets to different home health agencies claiming that she provided 20 hours or more of personal care aide services. She also claimed to provide services when she was traveling outside the D.C. metropolitan area. She paid kickbacks during the scheme to at least one beneficiary. She also acknowledged that she claimed to provide services to one beneficiary during the COVID-19 pandemic even though that beneficiary said she did not.

The FBI, the U.S. Department of Health and Human Services’ Office of Inspector General, the District of Columbia’s Office of the Inspector General’s Medicaid Fraud Control Unit, and the U.S. Attorney’s Office are committed to investigating and prosecuting individuals who defraud the D.C. Medicaid program.

Brown is the tenth former personal care aide in the last three years to plead guilty to defrauding Medicaid in the United States District Court for the District of Columbia. Five aides were sentenced to 13 months in prison; a sixth was sentenced to serve 15 months.

The government urges the public to provide tips and assistance to stop health care fraud. If you have information about individuals committing health care fraud, please call the Department of Health and Human Services’ Office of Inspector General hotline at (800) HHS‑TIPS [(800) 447-8477] or the D.C. Office of the Inspector General at (800) 724-TIPS [(800) 274-8477].

This case was prosecuted by Assistant U.S. Attorney Kondi Kleinman of the Fraud Section, with assistance from Paralegal Specialist Mariela Andrade.

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The Department of Defense delivered a report to Congress on Feb. 19, 2020 that provides the DoD's plan to restructure 50 military hospitals and clinics. The report, titled "Restructuring and Realignment of Military Medical Treatment Facilities," was required by law under Section 703(d) of the National Defense Authorization Act of 2017, which directed the DoD to analyze its hospital and clinic footprint and submit a plan to Congressional defense committees.

The Honorable Tom McCaffery, DoD's assistant secretary of defense for health affairs, discussed these changes with members of the media. Below is his complete opening statement, with a link to the transcript of the question and answer session.

McCaffery emphasized DoD's priority is to focus on wartime readiness while ensuring continued beneficiary access to quality health care.

"The idea of the Military Health System needing to focus our MTFs on their core mission of military readiness is not a new one," McCaffery says in his opening statement. "It has been the subject of outside analysis, internal health system reviews, examination by senior civilian and uniformed leaders, and very importantly, by the Congress. We are fortunate to have robust civilian provider networks in many locations that offer timely access to quality health care. And so we have an obligation to deliver access to care for our patients, but also to focus precious military resources on activities with the highest readiness value."

The complete opening statement:

Thanks for all of you joining us this morning. I think as many or all of you know, the Military Health System is in the midst of implementing several significant reforms aimed to building a more integrated and effective system of readiness and health. The National Defense Authorization Act of FY 2017, directed the Department to assess our hospitals and clinics, and to make recommendations for restructuring those facilities to ensure they are focused on military and force readiness. We reviewed all facilities through the lens of their contributions to military readiness. That includes making sure MTFs are operated to ensure service members are medically ready to train and deploy. It also means MTFs are effectively utilized as platforms that enable our military medical personnel to acquire and maintain the clinical skills and experience that prepares them for deployment and support of combat operations around the world.

Today, we submitted the required report to Congress that outlines the results of our analysis, including plans for changes in a scope of operations at 50 facilities across the U.S. This report details the department's readiness focus for medical facilities, while maintaining our commitment to provide all beneficiaries with access to quality health care. I will describe some of the changes in a moment, but first I'd like to reaffirm that the Military Health System remains committed to ensuring access to quality health care for every beneficiary we serve. Additionally, nothing is changing immediately, and we intend to mobilize every resource available to help our beneficiaries and our staff navigate these changes. Our analysis demonstrates we need to adjust operations at 50 hospitals and clinics. The majority of the changes will be to outpatient clinics that currently are open to all beneficiaries, that we will modify to clinics for active duty service members only. These are the most significant changes for facilities and affect the largest number of our beneficiaries. Roughly 200,000 beneficiaries, currently empaneled for primary care at these MTFs will move over time into our TRICARE civilian provider networks.

Many are asking when these changes will be implemented. And, the short answer is, not right away. And that's because of how we intend to implement the changes. Before we transition any beneficiary from one of our hospitals or clinics, we will connect them with health care providers in our TRICARE network. And as you might expect, that process will take time. In fact, in several locations, with several MTFs, it could take several years for implementation.

The bottom line for our beneficiaries is that we will help guide them through every step of the enrollment change process when the time for action arrives. We will implement changes in a deliberate fashion at a pace local healthcare markets can handle.

Where are we making the changes? Later this morning, health.mil will publish a copy of the report that will include lists naming the changing facilities. I want to note a couple of important points about the report in this list. Our initial analysis indicated that of the 200 hundred-plus U.S.-based MTFs, 77 warranted a detailed assessment. That detailed assessment concluded that for 21 of these MTFs, their current scope of services should remain unchanged. That is for a variety of reasons, but most commonly, it is because our review indicated that the local civilian health care market did not, and likely could not, offer our beneficiaries appropriate access to health care. Thus, we are leaving these facilities open to all beneficiaries because of our commitment to military and Veteran family access to quality health care. Second, you will notice several facilities listed as already in the process of changes. In some cases, locations have already completed a restructuring, not as a result of NDAA 2017 requirements, but because of previous decisions by the military departments. The Department’s analysis of these MTF’s readiness needs support those decisions.

Let me close by saying that the idea of the Military Health System needing to focus our MTFs on their core mission of military readiness is not a new one. It has been the subject of outside analysis, internal health system reviews, examination by senior civilian and uniformed leaders, and very importantly, by the Congress. But simply much of our daily work at many facilities, while vitally important to our beneficiaries, is less relevant to supporting readiness. We are fortunate to have robust civilian provider networks in many locations that offer timely access to quality health care. And so we have an obligation to deliver access to care for our patients, but also to focus precious military resources on activities with the highest readiness value.

We are aware that seeing new care providers may be a big change for families. The doctor-patient relationship is an important one. And we recognize the shift from MTF-based care to civilian care may involve new out-of-pocket costs for some retirees.

I want to make clear that we are taking a careful, deliberate approach as we assess the market capacity of each location to accept new patients. If we determine market capacity in a particular location is more constrained than we estimated, we will reassess our plans and adjust as necessary. The bottom line is we are committed to refocusing our hospitals and clinics on readiness, and we are committed to providing access to health care to our beneficiaries. I am confident that the Military Health System can accomplish both of those goals.

With me this morning is Dr. Dave Smith, who led the team comprised of individuals from Health Affairs, as well as the military departments and the Defense Health Agency. This team is the team that compiled information and conducted the analysis for plans, and he will be available to answer the questions about the process that we used, and the conclusions that we drew from that process and analysis.

I also want to acknowledge that General Place, the director of the Defense Health Agency, is here as well. General Place, at the DHA, oversees our US-based MTFs, as well as the TRICARE Health Plan. The DHA will be taking the lead role working with the military departments, the MTF leaders, installation commanders, and our network providers, on implementing the MTF-specific changes.

I also want to confirm that the change decisions that are reflected in the Report to Congress are made at a Department level, not at the Defense Health Agency. The changes in the report are not a result of DHA’s new responsibility for managing the MTFs which was another directive coming from Congress as part of NDAA 2017. That said, it is going to be DHA’s responsibility to, again, work with the military departments, our providers in the local communities, to plan and execute the detailed implementation plans at the MTF and market level. As the DHA collaborates on these plans, they will work with our managed care support contractors to help communicate details for each effective person when a time for action arrives. Until then, normal operations at these facilities will continue.

The health system is committed to maximum transparency at every step in this process. It's our priority to help approximately 200,000 out of the over 9 million beneficiaries who will be affected by these changes to retain uninterrupted access to health care as we help transition them to new providers. Again, I appreciate you carving out time this morning, and we are happy to answer any questions you may have.

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Retired Army Capt. Florent Groberg has received a lot of attention since receiving the Medal of Honor, the nation’s highest award for bravery, in 2015.

But not all of the attention has been wanted.

Groberg, 38 of Frisco, Texas, said he has been targeted by online scammers who have impersonated him more than 100 times.

“They’re all scammers going out there going out there trying to scam these people from all around the world telling them like I’m stuck in Afghanistan,” Groberg told Military Times. “Or, I’ve divorced my wife, and she’s taken all my money. Or, like I’m going to come see you, But I need like $500 for a ticket.”

Groberg said that the reality is that he’s happily married and hasn’t been in Afghanistan since 2012. On Aug. 8, 2012, Groberg was seriously wounded after a suicide bomber detonated his vest while Groberg wrestled him away from his patrol in Asadabad, Afghanistan. His actions cost him nearly half of his left calf muscle, and ultimately led to his medical retirement in 2015.

Despite this reality, the impersonations persist, he said, including a situation currently being investigated by police in Florida. When individuals realize it’s a scam, they sometimes find the real Florent Groberg on the internet to vent their frustrations.

“Sometimes there are people who send me emails to my personal email calling me an [expletive], a content scammer,” Groberg said. “When that happens, I send it to the [Federal Bureau of Investigation].”

The FBI told Military Times it’s unable to comment on specific cases.

Troops and Veterans frequently spoofed

Military personnel are increasingly impersonated online by those seeking to commit financial fraud, said Edward LaBarge, assistant director of the Army Criminal Investigation Division’s Cyber Directorate.

“We don’t see too many military members being the victims in this category,” LaBarge told Military Times in an email. “Rather, we see non-[Defense Department] members who fall victim to romance scams where the victim thinks they are talking to a service member, but they are really talking to a scammer who is posing as a high-ranking service member.”

According to a Federal Bureau of Investigation report, 12,827 online impersonations of government officials in 2020 cost victims more than $109 million. While the number of incidents is down slightly from 2019, it’s still up nearly 15 percent from 2018. Since 2017, according to a report from cyber security company ZeroFox, impersonations of government officials are up 40 percent overall from 2017, with that number is expected to rise.

“The data mentioned is just a slice of what has been collected, considering how many incidents go unreported,” the ZeroFox report on Military Scams says.

According to LaBarge, a favorite of online scammers are high-ranking military officials who scammers claim are overseas. The scammers replicate online profiles already in existence, stealing what pictures and biographical information that is unsecured, then scammers “cast” until they get a bite.

“They will talk to everyone in hopes that they will find someone who will be willing to help them,” LaBarge said. “They like to impersonate overseas service members and ask the potential victims to help them get back home by sending them money.”

A recent example of this kind of high-level impersonation occurred in January. Last month, Task and Purpose reported that U.S. Army Maj. Gen. Patrick Donahoe, commander of the Army’s Maneuver Center of Excellence at Fort Benning, Georgia, had his account duplicated on Facebook.

The fake account, masquerading as Donahoe, reported the married general from New Jersey as single, living in Texas, and originally hailing from Syria.

In March, 2021, Stripes reported that former commander of U.S. Forces Afghanistan, retired Army Gen. Scott Miller, was impersonated nearly 900 times online in 2021 alone.

These instances are not the first instances of online impersonation by romance scammers, nor will they be the last, says LaBarge.

The issue is so prevalent that an entire U.S. Army CID web page is dedicated to providing information to those scammed by fake servicemembers. According to the Army, CID receives “hundreds” of such complaints a month.

Beware dating websites

According to LaBarge, victims typically encounter scammers and military imposters via dating websites. The reason for both using a dating website and posing as a service member, according to ZeroFox, is trust. Those frequenting dating sites seek to build a trusting relationship and connection, while the U.S. military has been the most trusted institution in America for decades.

Once establishing trust, scammers move on to their fundamental objective: money. Financial asks, says LaBarge, are a dead giveaway of a scam.

“An example is when the individual professes their love almost immediately or needs money,” LaBarge said. “Individuals should never send money, and it should be an instant red flag if money or other monetary instruments are brought up.”

A woman told Military Times she filed a police report in July 2021 in Florida claiming she was scammed out of money by someone claiming to be Groberg. According to the woman, who asked not to be named because she is the victim of a crime, their relationship began online in 2020 after the purported Groberg contacted the woman online.

The purported Groberg told the woman that his marriage was just for show and wanted to be with her.

After the woman felt that the purported Groberg had shared enough details to verify his identity, she says that he began to ask her for money. According to the woman, she eventually sent several thousand dollars in gift cards for items such as insulin shots for a child and eventually for flights so that the alleged Groberg and her could finally meet.

The woman filed a report with the Miami-Dade Police Department on July 21, 2021. The case is still open, police said Tuesday.

Groberg said that, as with the other incidents of being spoofed, he has never communicated with her.

Better protection needed

Groberg said there should be a remedy for online impersonations.

“I had to verify my own identity to get a blue checkmark,” Groberg said, explaining a verification process for Twitter and Facebook. “But people can go out there and put my name [to create an account] and not have to verify the identity? What system allows you to just create profiles on social media without having to prove who you are?”

Groberg said he believes that social media companies are probably overwhelmed with the volume of content that flows across their platform daily. However, Groberg says the technology exists to create an algorithm or check images already used on the platform.

“Doing that alone will probably eliminate 85 percent of fake profiles on social media,” Groberg said.

Until a fix is created to eliminate duplicate and fake accounts, the problem is not only likely to persist but get worse.

“As one account goes down, more pop up, creating a never-ending cycle,” LaBarge said.

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Arthrex Inc., a Florida-based medical device company, has agreed to resolve allegations that it violated the False Claims Act by paying kickbacks that caused the submission of false claims to the Medicare program.

According to the settlement, Arthrex Inc., which specializes in orthopedic products, has agreed to pay $16 million for allegedly paying kickbacks to a Colorado-based orthopedic surgeon. The settlement resolves allegations that Arthrex agreed to provide remuneration to the surgeon in the form of royalty payments purportedly for the surgeon’s contributions to Arthrex’s SutureBridge and SpeedBridge products when the remuneration was in fact intended to induce the surgeon’s use and recommendation of Arthrex’s products. The United States contended that Arthrex’s participation in this arrangement violated the Federal Anti-Kickback statute and, in turn, the False Claims Act by causing the submission of false or fraudulent Medicare claims.

“The Department of Justice will continue to pursue medical device manufacturers that pay kickbacks to boost their profits,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “Such arrangements can improperly influence physicians’ decision-making and result in the misuse of critical federal health care program funds.”

“Paying bribes to physicians to distort their medical decision-making corrupts the health care system,” said Acting U.S. Attorney Nathaniel R. Mendell for the District of Massachusetts. “This settlement demonstrates our dedication to ensuring that taxpayers and patients get a health care system that is on the level. Kickbacks have no place anywhere in our health care system, and we will continue to identify and punish this illegal conduct.”

“Medical device manufacturers who engage in such kickback schemes undermine the integrity of federal health care programs,” said Special Agent in Charge Phillip M. Coyne of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Working closely with our law enforcement partners, our agency will continue to protect patients and taxpayers by holding accountable companies that engage in unlawful activities.”

In connection with the settlement, Arthrex entered into a five-year corporate integrity agreement with HHS-OIG, setting forth requirements for future compliance.

The settlement resolves claims brought in a lawsuit under the qui tam or whistleblower provisions of the False Claims Act by Joseph Shea. The lawsuit was filed in the U.S. District Court for the District of Massachusetts and is captioned United States ex rel. Shea v. Arthrex Inc. et al., No. 20-cv-10210-ADB (D. Mass.). Under the False Claims Act’s qui tam provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. Shea will receive $2.5 million of the False Claims Act settlement.

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch (Fraud Section); the U.S. Attorney’s Office for the District of Massachusetts; HHS-OIG; and the FBI.  

Trial Attorney Andrew Jaco of the Civil Division’s Commercial Litigation Branch (Fraud Section) and Assistant U.S. Attorneys David Derusha and Charles Weinograd of the District of Massachusetts are handling this case.

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

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PITTSBURGH, PA - A resident of Wexford, Pennsylvania, has been sentenced in federal court to two years of probation and 100 hours of community service on his conviction of unlawfully distributing controlled substances, United States Attorney Cindy K. Chung announced today.

Senior United States District Judge Nora Barry Fischer imposed the sentence on Mark R. Foster, age 75.

According to information presented to the court, co-defendant Terry Brown owned and operated Cherry Way, a Suboxone clinic, located in Bridgeville PA, and Foster was a medical director at Cherry Way. Brown and Foster conspired together to create and submit unlawful prescriptions for Suboxone, Adderall and Percocet, and then unlawfully dispensed those controlled substances to Brown and to other persons not specifically named in the Indictment..

Assistant United States Attorney Robert R. Cessar prosecuted this case on behalf of the government.

The investigation leading to the filing of charges in this case was conducted by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit (OFADU). The Western Pennsylvania OFADU, led by federal prosecutors in the U.S. Attorney’s Office, combines the expertise and resources of federal and state law enforcement to address the role played by unethical medical professionals in the opioid epidemic.

The agencies which comprise the Western Pennsylvania OFADU include: Federal Bureau of Investigation, U.S. Health and Human Services – Office of Inspector General, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigations, Pennsylvania Office of Attorney General - Medicaid Fraud Control Unit, Pennsylvania Office of Attorney General – Bureau of Narcotic Investigations, United States Postal Inspection Service, U.S. Attorney’s Office – Criminal Division, Civil Division and Asset Forfeiture Unit, Department of Veterans Affairs-Office of Inspector General, Food and Drug Administration-Office of Criminal Investigations, U.S. Office of Personnel Management – Office of Inspector General and the Pennsylvania Bureau of Licensing.

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A Texas woman and an Austrian national were sentenced yesterday to 151 months in prison for a $27 million Medicare kickback conspiracy.

According to the evidence presented at trial, Leah Hagen, 50, of Arlington, and Michael Hagen, 54, a citizen of Austria and Arlington resident, owned and operated two durable medical equipment (DME) companies, Metro DME Supply LLC and Ortho Pain Solutions LLC. From March 2016 to January 2019, the defendants paid kickbacks and bribes to their co-conspirator’s call center in the Philippines in exchange for signed doctors’ orders for DME that were used to submit false claims in excess of $59 million to Medicare. From those claims, Medicare paid the defendants more than $27 million. The defendants transferred millions of dollars overseas to, among other things, purchase a home in Spain.

To conceal the payments of kickbacks and bribes from the authorities, the defendants, through their DME companies, signed sham contracts that disguised payments as marketing and business process outsourcing. The DME claims submitted by the defendants to Medicare were for services that were medically unnecessary and not provided as represented. In some cases, beneficiaries were convinced to accept braces they did not need or want and were offered gift cards in exchange for accepting those braces.

On July 8, the Hagens were convicted following an eight-day trial on charges of conspiracy to defraud the United States and to pay and receive health care kickbacks and conspiracy to launder money. The Hagens were sentenced by U.S. District Judge Jane J. Boyle of the Northern District of Texas, who also ordered them to pay $27,104,359 in restitution.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Chad E. Meacham of the Northern District of Texas; Special Agent in Charge Miranda Bennett of the Department of Health and Human Services, Office of the Inspector General’s (HHS-OIG) Dallas Region; Acting Assistant Director Jay Greenberg of the FBI’s Criminal Investigative Division; and Special Agent in Charge Matthew J. DeSarno of the FBI’s Dallas Field Office made the announcement.

This case was investigated by HHS-OIG and the FBI’s Dallas Field Office and was brought as part of Operation Brace Yourself, a federal law enforcement action led by the Health Care Fraud Unit of the Criminal Division’s Fraud Section, in partnership with the U.S. Attorney’s Offices for the District of South Carolina, District of New Jersey, and the Middle District of Florida.

Assistant Deputy Chief Adrienne Frazior and Trial Attorneys Brynn Schiess and Catherine Wagner of the Criminal Division’s Fraud Section are prosecuting the case.

The Fraud Section leads the Health Care Fraud Strike Force. Since its inception in March 2007, the Health Care Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

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There are a variety of formal and informal methods used to help medical officers advance throughout their careers, and some, of course, are better than others.

But Navy Capt. Barry Adams, commanding officer, Navy Medical Leader & Professional Development Command (NML&PDC), said “none of the new models adequately replace the ability to identify someone within your organization and just spontaneously ask them important career questions – ‘What should I do about this or that.’”

NML&PDC, based in Bethesda, Maryland, is responsible for professional development and training programs affecting more than 3,000 students annually through a portfolio of residence courses, professional workshops, distance education and administrative management of multiple pipeline talent management programs.

There is a sophisticated and complicated algorithm within some iterations of formal Navy website mentoring programs for assigning junior service members to senior members and allowing potential mentors and mentees to choose and contact each other; however, “such an official mentoring program could not be as effective as desired because it ceases to be the spontaneous and organic relationship we want in mentoring, “Adams said.

The next iteration of Navy mentoring is often framed as a personal coaching tool, which Adams said is more of what medical personnel are looking for throughout their careers.

“This coaching paradigm is the evolving state of the art,” he noted.

Borrowing a page from a corporate playbook, each member would have some form of a Plan of Action & Management document that identifies tasks to be accomplished. It details resources required to accomplish the elements of the plan, any milestones in meeting the tasks and scheduled completion dates.

Many coaching efforts within Navy medicine start with, or include, a standardized personality assessment, such as the Predictive Index, Meyers-Briggs, or Emotional Intelligence (EQI). It then becomes a suite of assessments staggered across a career. “You need someone certified or licensed in each of those assessment tools to conduct the assessment and then coach you,” said Adams, himself a licensed professional coach.

But this mode has its own issues, he suggested. “The problem is this system is astronomically expensive in resources, time and manpower…and doesn’t necessarily cover what people go to a mentor for.”

There are also Career Development Boards (CDBs). “Career Development Boards are a very formal process tasked across Navy medicine by the surgeon general that is fairly consistent across Navy medicine. During your career, everyone is required to do one. It’s a thorough scrub and review of records and performance and your life,” Adams said.

CDBs are a fully functional system across the enterprise now, and the NML&PDC is actively pursuing a contract to fully automate the CDB process for officers as currently already happens for enlisted sailors. This automation should help maximize consistency and reporting across the enterprise.

“CDBs are a bit closer to mentoring,” Adams said. “It’s a very fixed process, talking to your peers and supervisors, and getting good, solid and assistive scrutiny – not one-on-one mentoring, but a strong mentoring teamwork.”

“CDBs are very labor intensive, but we’re very proud of the program, which is pretty robust,” Adams said. “It comes as close as we’ve been in getting every single Navy medical service member through an effective career development event…but it’s not the same as that personalized sage advice from a mentor chosen by the member.”

At the Uniformed Services University (USU) in Bethesda, Maryland, mentorship is an integral part of all students’ learning and their development into full-fledged medical doctors.

“We look to have a variety of informal and formal opportunities for students from different services to have exposure to individuals who are clinical experts across their careers,” said Air Force Maj. Ryan Landoll, a clinical psychologist and the USU assistant dean for preclinical sciences. “We think these mentors provide inspiration, knowledge, perspective and support.”

Entering students are assigned an officer sponsor for peer mentoring. They are also divided into “fire teams,” groups of four students that intentionally balance diversity in thought, background, experience and service, Landoll explained. These sponsorships and fire teams last through the full 18 months of preclinical studies and through the full course of study at USU. Additionally, students are supported in academics, career and well-being by the Office of Student Affairs.

With the class of 2021, USU is piloting an academic coaching model where there will be regular meetings with faculty who are outside the student’s evaluation system.

Once students are at Military Medical Training Facilities, they are mentored by preceptors on the wards, Landoll said, adding: “We really support our national faculty though a highly robust faculty development program.”

Because military doctors are relocated so often, Landoll said he “encourages ‘aggressive mentorship’ in the sense that mentees should be active seekers of mentorship with specific physicians in their fields of specialty.”

Mentoring, in its broadest sense, creates prolonged and proven positives that help with officer careers in a high-reliability organization such as Navy medicine.

“Mentorship is not only beneficial for knowledge transfer within Navy medicine, but it also fosters other positive factors such as retention, improved health care delivery and innovation, all the while building better leaders for the future operating environment,” said Navy Rear Adm. Gail Shaffer, deputy chief, Bureau of Medicine and Surgery, and surgery/deputy surgeon general of the Navy.

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Mantram Repetition Program and compassion meditation

You probably know that symptoms of posttraumatic stress disorder (PTSD) often include anxiety, unwanted memories, anger and avoidance. But did you know that meditation may be able to help? Meditative practices have been linked to decreases in hyperarousal, depression and insomnia.

One example of a meditative practice available through VA is the Mantram Repetition Program (MRP). Mantram repetition can be done anytime, anyplace and for any amount of time. It may be a good choice for Veterans who don’t see themselves sitting and meditating each day.

Veterans can use the tools associated with MRP before going to sleep, walking, waiting or even putting on a seat belt. MRP is also great for beginners who are interested in mindfulness practices.

“I’m trying to open up to people.”

For Veterans who experience challenges in socializing and establishing emotional connections with others, VA also offers programs in compassion meditation. This meditative practice focuses on enhancing Veterans’ sense of connection to other people and compassion for themselves and others.

“I was the kind of person that wouldn’t look or smile at people,” reported a Veteran who participated in a study of compassion meditation. “Now I try to be more tolerant and be friendlier. I’m trying to open up a little more to people I don’t know. I try not to be so judgmental and give them the benefit of the doubt.”

Compassion meditation and MRP offer new approaches for Veterans trying to manage symptoms of PTSD and related diagnoses. So do similar mind-body interventions available through VA. Meditative practices can be used alone or in conjunction with other treatments. A mental health provider can help Veterans choose the approach that might be most helpful for addressing their needs.

“Took the edge off a stressful incident.”

“Mantram repetition provides more of a calming sensation than anything else,” said a Veteran who recently tried MRP. “Mantram repetition took the edge off the feelings that I had about a particularly stressful incident. It caused me to reflect on it more.”

While more research is needed to better understand the relationship between meditation, PTSD and depression, initial studies showed that meditation was well-received by Veterans. VA researchers recently examined more than 270 Veterans who participated in MRP and found that the practice lessened depression and other psychological symptoms.

MRP starts with participants learning the importance of a having a personal mantram and repeating it daily. The tools found on the MRP PsychArmor site include modules that can help Veterans engage with the helpful ways to make self-care important.

Through guided MRP, Veterans can discover:

• Ways to use MRP to slow down both the mind and the body, to turn attention toward emotional self-regulation, to manage symptoms and thus to relax.
• How to live with intention and set priorities.
• Ways to use monotasking – instead of multitasking – to focus on one thing at a time and help manage the symptoms of PTSD.
• When to use MRP to interrupt stress responses – even common spikes, like road rage.

Veterans are encouraged to speak with their VA care team to learn about the many mind-body approaches available through VA. Here’s more information about MRP.

To learn more about VA’s mental health offerings, visit http://www.mentalhealth.va.gov.

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From 1955 to 1975, the Army conducted chemical weapons testing on volunteer soldiers at the Edgewood Arsenal facility in Maryland in pursuit of an agent that could disable enemy troops on the field of battle without killing them.

"Dr. Delirium & the Edgewood Experiments" is a new Discovery+ documentary (available on June 9, 2022) that chronicles the program and its long-term effects on the soldiers who participated in the testing. Dr. James Ketchum led the experiments, and we've got a clip in which he defends his methods.

The heart of the film is interviews with a group of Veterans who participated in the testing program, mostly during the Vietnam War era. These men make a convincing case that they were not briefed about the risks involved in the program and did not understand the potential for the long-term effects they've endured.

On the other side is an in-depth and wide-ranging interview with Ketchum filmed shortly before his death in 2019. The Army colonel had no regrets about the experiments and believed he was acting in the best interests of the nation as it faced a Cold War threat.

Former ABC and Politico correspondent Tara Palmeri leads a team of investigative journalists as they reexamine a dark chapter of Army history. The documentary was produced by Zero Point Zero Production, the production company behind Anthony Bourdain's "Parts Unknown," so there's more visual flash and on-camera time for reporters than PBS viewers might expect.

However, much of that flash comes from recordings made during the actual experiments. Watching soldiers suffer through delirium and panic attacks while older survivors describe their experiences makes for powerful viewing.

While early experiments with marijuana and LSD get plenty of discussion, much of the long-term damage seems to result from experimentation with the powerful incapacitating agent 3-Quinuclidinyl benzilate, commonly known as BZ. The chemical caused a delirium that included hallucinations and an inability to carry out tasks.

"Dr. Delirium & the Edgewood Experiments" gives ample airtime to theories that Edgewood hosted Nazi scientists given asylum under the Pentagon's notorious Operation Paperclip program, but never quite manages to tie the Germans to Ketchum's experiments.

The truth about the CIA is quite another story, one that should've been a huge news story a decade ago but gets fully recounted here for anyone who missed the truth the first time. There's a reason we have such incredible details about the program available now, and this film makes excellent use of the truths revealed during a massive lawsuit.

In the end, the focus is on the Veterans who endured these experiments and the struggles many have faced since. These men aren't polished or rehearsed, and the filmmakers let them have their say, even when things veer into pure speculation. They deserve that respect and the audience this documentary can bring.

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Attempted to Conceal Illicit Payments to Doctor's Wife

LITTLE ROCK—A Florida man pleaded guilty to misleading federal agents investigating his promotion of expensive compounded prescription drugs. Steve Hill, 57, of Port Orange, Florida (formerly of Memphis), entered his plea to making false statements to the FBI today before United States District Judge Brian S. Miller.

A Veteran of the medical sales industry based in Memphis, in 2014 Hill began to promote compounded prescription drugs covered by TRICARE. His compensation equaled a fixed percentage of sales generated. When a healthcare provider to whom Hill marketed the drugs went on to prescribe them, Hill earned a share of whatever the insurer reimbursed for the drugs.

Among the healthcare providers Hill solicited was Doctor 1. Unbeknownst to TRICARE, Hill shared his commission on Doctor 1’s prescriptions with Doctor 1’s wife, Spouse 1. Specifically, of the more than $500,000 in commission he earned from Doctor 1’s prescriptions, Hill paid $147,325.25 to Spouse 1 and kept the remaining $345,727.15 for himself.

Around 2016, federal agents began to investigate Hill’s promotion of compounded drugs as well as his financial relationship with Spouse 1. In August 2017, a Special Agent of the FBI travelled to Hill’s Tennessee home to speak with him directly. During that interview, Hill denied having paid Spouse 1, which he knew to be false.

Under the terms of his guilty plea, Hill agreed to forfeit $345,727.15 in illicit proceeds. He will be sentenced at a later date. Making a false statement to the FBI is punishable by up to five years’ imprisonment.

Jonathan D. Ross, Acting United States Attorney for the Eastern District of Arkansas, James A. Dawson, Special Agent in Charge of the FBI Little Rock Field Office, and Miranda Bennett, Special Agent in Charge of the Dallas Regional Office of the U.S. Department of Health and Human Services announced the guilty plea.

The investigation was conducted by the FBI and HHS-OIG. The case is being prosecuted by Assistant United States Attorney Alexander D. Morgan.

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NEW ORLEANS – U.S. Attorney Duane A. Evans announced that BENJAMIN TEKIPPE (TEKIPPE), age 37, a resident of New Orleans, Louisiana, was charged on September 30, 2021 with health care fraud, aggravated identity theft, and making a false statement.

According to the Indictment, TEKIPPE was a licensed chiropractor in Louisiana. TEKIPPE owned and operated his own practice, Metairie Chiropractic, located in Metairie, Louisiana, where he purported to provide chiropractic services to patients.

TEKIPPE knowingly participated in a scheme to defraud a health care benefit program, in connection with the delivery of and payment for health care benefits and services.

TEKIPPE submitted, and caused to be submitted, fraudulent claims to health care benefit programs that falsely represented that certain health care services were provided to patients, when TEKIPPE knew that those services were not actually provided.

On various dates in 2019, TEKIPPE submitted, or caused to be submitted, claims for payment which were not provided. In addition, TEKIPPE knowingly used or caused to be used, without lawful authority, a means of identification of another person, specifically insurance members’ unique member identification numbers, to bill for services which were not provided.

On or about July 22, 2020, TEKIPPE did knowingly and willfully make a materially false, fictitious, and fraudulent statement to Special Agents of the United States Department of Health and Human Services Office of Inspector General and the Federal Bureau of Investigation.

If convicted of health care fraud, TEKIPPE faces a possible maximum sentence of 10 years imprisonment and up to three years of supervised release. If convicted of aggravated identity theft, TEKIPPE faces a possible sentence of 2 years of imprisonment to be run consecutively to any other sentence and up to one year of supervised release, . If convicted of making a false statement, TEKIPPE faces a possible maximum sentence of 5 years imprisonment and up to three years of supervised release. For each offense, TEKIPPE faces up to a $250,000 fine and a mandatory $100 special assessment fee.

The case is being investigated by the Federal Bureau of Investigation and The Department of Health and Human Services, Office of Inspector General.

An indictment is merely a charge and the guilt of the defendant must be proven beyond a reasonable doubt.

The prosecution of the case is being handled by Assistant United States Attorney Kathryn McHugh.

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EAST SAINT LOUIS, Ill. – Shomanicka Holly, 36, of East Saint Louis, Illinois, was arraigned in federal court today after a grand jury returned an indictment charging her with three counts of felony health care fraud.

The indictment alleges that Holly served as a personal assistant from 2016 to 2019 for a qualified beneficiary enrolled in the Illinois Department of Human Services Home Services Program. The Home Services Program is a Medicaid program in Illinois that provides personal assistants to Medicaid recipients to assist them with general household activities and personal care. It is designed to reduce Medicaid expenditures by avoiding more expensive institutional care, including

nursing home care.

According to the indictment, Holly submitted false timesheets requesting payment for personal assistant services that she never actually performed because she was working at another job, not caring for the Medicaid recipient. In doing so, Holly allegedly defrauded the program and breached its policies stating that personal assistants “cannot charge [the Home Services Program] for the same hours worked when working another job” and “billing for hours not worked constitutes Medicaid fraud.”

Holly’s case is set for trial on October 4, 2021, at 9:00am, before United States District Judge David W. Dugan in the federal courthouse in East St. Louis. If convicted, Holly faces a maximum penalty of 10 years in prison on each fraud count.

An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.

This case was investigated by agents of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) and the Illinois State Police, Medicaid Fraud Control Bureau (MFCB). The case is being prosecuted by Assistant United States Attorney Luke J. Weissler.

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EAST ST. LOUIS, Ill. – Shomanicka Holly, 36, of East Saint Louis, Illinois, pled guilty today to a two-count felony information charging her with health care fraud and making materially false statements on a public housing form.

As part of her plea, Holly admitted to defrauding a government funded health care program by requesting payment for services that she never performed. The Illinois Department of Human Services (“IDHS”) operates a program known as the Personal Assistant program, which pays people to work as personal assistants for qualified disabled individuals. The program, which utilizes federal Medicaid funds, will only pay for work performed while the

disabled individuals are present in their homes.

According to court documents, Holly served as a personal assistant to a qualified disabled person from August 2016 to June 2019. During that time, Holly submitted timesheets requesting payment for providing personal assistant services on dates and times when she was working at another job. In doing so, Holly defrauded the program out of funds by falsely certifying that she was at the disabled person’s home when, in fact, she was on the clock somewhere else.

In addition, Holly pled guilty to a separate charge of making materially false statements on a public housing application. Court documents alleged that Holly received public housing assistance through a program funded by the U.S. Department of Housing and Urban Development (“HUD”).

At her plea hearing, Holly acknowledged that she knowingly failed to disclose on her housing assistance renewal application that another adult resided in her home and earned income. The housing agency relied on this information to allocate its limited resources, including in determining whether Holly was eligible for public housing assistance and the amount of assistance. Holly withheld the information to receive more benefits than she was entitled to.

Health care fraud carries a maximum sentence of ten years in prison. Holly faces up to five years in prison for making a materially false statement on a housing form. She may also be fined up to $250,000 and ordered to pay restitution on each charge.

Sentencing is scheduled for April 13, 2022, at 10:00 a.m. in the federal courthouse in East St. Louis, Illinois.

This case was investigated by agents of the United States Department of Health and Human Services, Office of Inspector General (HHS-OIG), United States Department of Housing and Urban Development, Office of Inspector General (HUD-OIG), and the Illinois State Police, Medicaid Fraud Control Bureau (MFCB).

The case was prosecuted by Assistant United States Attorney Luke J. Weissler.

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Sleep complications are common in the military, from the early-rise culture that can disrupt normal sleeping patterns to the bouts of insomnia resulting from night operations, early morning physical therapy workouts, sustained combat operations, and other such disruption. Researchers and doctors within the Military Health System work to address these concerns and improve the efficiency of service members suffering from sleep complications.

Army Lt. Col. (Dr.) Vincent Capaldi, sleep medicine consultant to the surgeon general and chief of behavioral biology at the Walter Reed Army Institute of Research in Silver Spring, Maryland, stressed the importance of the military perspective when addressing sleep concerns in service members. Capaldi pointed out that while proper sleep is necessary for mission effectiveness in the field, 62% of service members sleep less than six hours a night on average—resulting in chronic sleep deprivation and insomnia.

“When people are chronically sleep deprived and do a sleep study in the civilian sector, we found that they're being diagnosed with narcolepsy at significantly higher raters compared to those diagnosed in the Military Health System,” Capaldi said. “We're able to take a more nuanced approach in the MHS to evaluate what’s causing their difficulty and prevent a misdiagnosis that can result in a service member getting medically boarded.”

Doctors at the Walter Reed National Military Medical Center in Bethesda, Maryland, use a variety of techniques to diagnose sleeping problems. WRNMMC’s chief of sleep medicine, Lt. Col. (Dr.) Meagan Rizzo, stated that due to the COVID-19 pandemic, using respiratory sleep tests—such as positive airway pressure titration studies—have been temporarily halted to prevent the potential spread of COVID-19. Rizzo did note that WRNMMC’s Sleep Laboratory is still open for some in-lab diagnostic sleep studies. The laboratory also offers sleep tests that patients take home and bring back for further study.

“Home sleep tests can be good at picking up moderate and severe obstructive sleep apnea in high-risk patients,” Rizzo said. “It’s a good starting point, and something we can use while our labs are closed to still offer insight into sleep remotely.”

The home sleep tests can lead to further testing, like the multiple sleep latency test, administered through a medical device comparable to an activity tracking device that patients wear on their wrists at home to track sleep and check for signs of narcolepsy. Overnight pulse oximetry is also offered, which measures a patient’s pulse and the oxygen content in their blood to make sure that oxygen levels don’t drop too low during sleep.

Military medical professionals recognize that there are also military concerns that contribute to diagnosing sleep problems, like post-traumatic stress disorder and traumatic brain injury. Army Lt. Col. (Dr.) Scott Williams, director for medicine at Fort Belvoir Community Hospital in Virginia, explained the link between these conditions: “When you disrupt the brain either because of PTSD or TBI, it lowers a patient’s arousal threshold, making it easier to wake them up, so what someone might otherwise sleep through before their injury, like a snoring episode or a mild sleep apnea, now wakes them up.”

Gradually treating TBI and PTSD can have positive effects on the resulting sleep complications. But Carla York, who specializes in behavioral sleep medicine at WRNMMC, stated that treating one does not always eliminate the other.

“As we improve sleep, we can improve management of a psychiatric condition like PTSD, but we often find that even when there's an improvement in PTSD symptoms, sleep problems like insomnia can still persist,” York said. “So thinking about a psychiatric diagnosis and a sleep problem as being the same thing isn't helpful. We have to treat both conditions concurrently for optimal improvement.”

WRNMMC, FBCH, and other military medical treatment facilities use cognitive behavioral therapy for insomnia, or CBT-i, to treat patients with chronic insomnia. CBT-i uses stimulus control, sleep hygiene, sleep restriction, relaxation training, and cognitive therapy to provide patients with tools and resources to better manage their sleep. The U. S. Department of Veterans Affairs also offers a free mobile app called CBT-i Coach that walks patients through some of these techniques.

WRAIR’s sleep research has resulted in exploring treatment options like transcranial electrical stimulation, which Capaldi hopes will help patients get to slow-wave sleep faster and sleep more efficiently. Capaldi’s team is exploring the use of pharmacological treatments that target orexin, a protein-like molecule in the brain that regulates wakefulness. These efforts focus on the use of orexin receptor antagonists to allow service members to get to sleep quickly and wake without the grogginess of prescribed sleep aids. In 2004, WRAIR invented and subsequently licensed a caffeinated gum - Military Energy Gum. MEG is available in first strike rations for the military and sold commercially since 2012.

Capaldi hopes that through research and clinical efforts in the military medical community, proper sleep and the methods to get that sleep will be prioritized in military culture.

“Cognitive dominance is critical for success in the battlefield of today and tomorrow. Sleep is ammunition for the brain, necessary for the maintenance of sustained vigilance and cognitive dominance,” Capaldi said. “We would never send service members into the field and say they don't need to bring water along with them, so we have to reverse the culture within our military that views sleep as a liability instead of an asset to help service members keep their brains in the fight.”

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LAS VEGAS, Nev. – Claudia Ann Merrill, 61, of Farmington Hills, Michigan, pleaded guilty today to defrauding the U.S. Department of Veterans Affairs out of more than $1.75 million in Veterans benefits, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.

According to court documents, from on or about January 1, 2014, through October 1, 2019, Merrill devised and executed a scheme to defraud and to obtain money and property from the U.S. Department of Veterans Affairs (VA). Merrill admitted that she submitted false applications in the names of Veterans, as well as the surviving spouses of Veterans, in connection with VA health care programs known as Veterans Pension and VA Aid and Attendance. In furtherance of the scheme, Merrill altered medical records to ensure that the Veteran or surviving spouse’s physical or mental condition rendered them eligible for the benefits. She then fraudulently directed benefit payments into bank accounts she controlled, and concealed the benefits from the Veterans and surviving spouses. As a result of the scheme, Merrill fraudulently caused the VA to pay out $1,755,412 in benefits that it otherwise would not have paid but for the scheme.

This case was the product of a joint investigation by the U.S. Department of Veterans Affairs, Office of Inspector General and the FBI’s Las Vegas Field Office. Assistant U.S. Attorney Patrick Burns is prosecuting the case.

Merrill is scheduled to be sentenced by U.S. District Judge James C. Mahan on May 15, 2020. Merrill faces a maximum penalty of 20 years in prison and a $250,000 fine. As part of her guilty plea, Merrill agreed to pay approximately $1,755,412 in restitution. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

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Influenza can affect anyone, from the everyday civilian to the active-duty service member. Current trends show an increase in flu activity at the halfway point of the season. While it’s too early in the season to determine the overall severity of the flu, the Military Health System maintains readiness and resourcefulness to protect the armed forces and their loved ones from effects of the flu.

The U.S. Centers for Disease Control and Prevention (CDC) has found an elevated level of influenza activity earlier in the season than is typically observed around this time. As of Jan. 16, the CDC estimates that there have been approximately 4,800 flu-related deaths and 87,000 hospitalizations nationwide this season. Active surveillance by the Defense Health Agency’s Armed Forces Health Surveillance Division (AFHSD) has also found high levels of influenza activity among military personnel.

Despite the increase in activity, MHS is prepared to sustain the health of service members and their families. All military personnel are required to be immunized against the flu annually to decrease susceptibility to infection.

“Immunization is important given that military personnel live and work in close proximity with other members of the community,” said Navy Cmdr. Shawn Clausen of AFHSD’s Epidemiology and Analysis section.

While involvement in patient-care activities and participation in large gatherings increases the risk of infection, early data and discussions with the CDC show that the risk among military members and the general population appears to be similar. To get ahead of this risk, the Department of Defense has already distributed more than 3.3 million doses of influenza vaccine throughout the military. As of Jan. 16, approximately 90 percent of all service members have been vaccinated.

Vaccination is recommended not just for military members, but also their loved ones, according to Janet Brunader, a research nurse in the Vaccine Safety & Evaluation section of the Defense Health Agency’s Immunization Healthcare Division.

“The good news is that although seasonal influenza vaccine is not always a perfect match, it is still the best way to provide protection against influenza disease,” she said. Brunader suggests that everyone 6 months or older get a flu shot each year in the fall. Children over 6 months of age but under age 8 years who have never had a flu shot should get two shots – one shot followed by another at least four weeks later. Children who have had at least one flu shot in the past only need to get one flu shot each year.

There are numerous ways in addition to vaccination to keep safe against the flu.

“One helpful suggestion, in addition to washing your hands before eating or handling food, is to avoid touching your eyes, nose, or face with your unwashed hands,” Brunader said. “This will help prevent spreading germs from surfaces to your eyes, nose, or mouth.”

Since flu viruses can also spread through the air, Brunader suggests staying at least six feet away from people who are coughing, sneezing, or blowing their nose. If you already have the flu, coughing into a tissue or the bend of the elbow will reduce the spread of viruses. Those suspecting they have the flu should contact a health care provider within two days of the symptoms. Early treatment with anti-influenza drugs can shorten the duration of illness.

Beneficiaries can receive flu vaccines through their closest military hospital and retail networks. TRICARE representatives can help determine how to get the vaccine if a person is unable to visit a military hospital. MHS also has an archive of influenza resources for beneficiaries to learn more about the flu and what they need to do to keep safe during the season.

Among the four types of flu, influenza A and B are the main two strains that cause “flu season.” AFHSD has paid close attention to both of these strains this year.

“As reflected in the U.S. among civilian populations [this season], the majority of laboratory-confirmed influenza-positive specimens continued to be influenza subtype B [Victoria lineage],” said Navy Cmdr. Mark Scheckelhoff from AFHSD’s Global Emerging Infections Surveillance section. "In recent weeks, the incidence of influenza A, specifically A(H1N1)pdm09, has increased steadily and appears that it will soon become the most predominant strain.”

According to early data from AFHSD, most of the U.S. is experiencing at least “moderate” levels of flu and flu-like activity, with the exception of a few states. Globally, temperate areas of Europe are also observing increased incidences of the flu, with areas of Central and Western Africa continuing to have elevated activity as well. Most of South and Central America and most areas of South and Southeast Asia are reporting “low” levels of activity, but the World Health Organization characterizes other areas of Asia as either “elevated” or “increasing.”

To monitor progression of the flu through the season, AFHSD produces a tri-service consolidated influenza report weekly to reflect data from military hospitals. The CDC also produces a more holistic view on how influenza is affecting the rest of the country.

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Ron Milam, executive director of the Texas Tech University Institute for Peace & Conflict (IPAC) and a Vietnam War Veteran, will soon be using his expertise to benefit his fellow Veterans.

U.S. Secretary of Veterans Affairs Robert L. Wilkie recently appointed Milam to a three-year term on the U.S. Department of Veterans Affairs' (VA) Veterans' Advisory Committee on Rehabilitation (VACOR), which provides advice to the secretary on the rehabilitation needs of disabled Veterans and the administration of the VA's rehabilitation programs.

"The VA is a huge organization, the second largest department in the federal government," said Milam, an associate professor in the Department of History within the College of Arts & Sciences. "Because there are so many Veterans to serve, and as a way of cutting through the bureaucracy, they rely on advisory committees of citizens to make recommendations to the Secretary for Veterans Affairs as to how to best meet Veterans' needs.

"VACOR mostly deals with the needs of Veterans who are having trouble finding jobs, who need job training and who are struggling to adjust to civilian life, and there are always health issues, both physical and mental. Our committee also advises the Secretary on homeless-Veteran issues, a cause I am particularly interested in."

As the committee's only Vietnam Veteran, Milam says he may be uniquely situated to offer insights about current needs and anticipate the future needs of Iraq and Afghanistan Veterans.

Looking ahead to those needs, it's certainly an appropriate time to have a Lubbock resident on the committee. A new VA superclinic is currently under construction near the Texas Tech University Health Sciences Center (TTUHSC) and UMC Health System. The facility will have 94,000 square feet of usable space, which is more than double the footprint of the current clinic, and an added collaboration between the VA and TTUHSC will help provide for more specialty needs and social services. It is expected to open in late 2021.

"I was honored to be selected to serve, and I recognize that the VA sees Texas Tech as a model for what a university can do to help Veterans: the TTUHSC, the Institute for Peace & Conflict, The Vietnam Center & Sam Johnson Vietnam Archive as well as the Military & Veterans Programs all contribute to that perception," Milam said. "I'm just a guy who hopes my presence in D.C. can add to what we are already doing here. I look forward to at least three years of hard work, helping to find answers to how we can best serve those who have served."

About the VA

The Department of Veterans Affairs strives to provide Veterans the world-class benefits and services they have earned and to do so by adhering to the highest standards of compassion, commitment, excellence, professionalism, integrity, accountability and stewardship.

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Folded American flag inside display case found along Highway 132

RIVERBANK, Calif. - A Veteran’s burial flag was found on the side of the road in Stanislaus County.

Now, a group of Veterans is working together to find the man’s family.

The neatly folded American flag was found in its display case along Highway 132. A plaque on the front has the name of the service member it belonged to.

“It’s earned, never given,” said Duke Cooper, a U.S. Marine Veteran and CEO of American Veterans First, a nonprofit group.

When the flag was brought to Cooper, he made a commitment to find the family of the Veteran who earned it.

“It’s most important to the family, they need this piece of cloth,” Cooper said. “This was a flag that would have been over David’s casket.”

David Calvin Lewis, the name of a Veteran who served in the U.S. military, is engraved in gold on a plaque posted to the front of the case.

“I posted on Facebook,” Cooper said. “I took a picture of the flag and asked if anybody knows this man.”

Cooper and the group of Veterans helping with the search don’t know which branch Lewis served in, but they believe he may have lived in Hayward, at some point.

They also believe Lewis was married and may have served in the Korean War.

“That flag needs to go to that family so it can be passed down generation to generation,” Cooper said. “We call that ‘Not forgotten.’”

When Laura Howze, a teacher at St. Mary’s School in Stockton, heard about the search, she wanted to help. She and her students raised $450.

“If this helps find that family, just knowing that we could help in the smallest possible way was an unbelievably great feeling,” Howze said.

Cooper said he’s holding onto the flag until Lewis’ family is found. He plans to travel wherever he needs to go to return a piece of honor earned by a fellow Veteran.

“Even though I never met David, he’s my brother,” Cooper said.

Anyone with information about the family can contact Cooper at American Veterans First.

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Citing supply chain strains and anticipated shortages as a result of the novel coronavirus pandemic, the agency that manages military commissaries says some stores will start limiting how much fresh meat customers can purchase.

Starting May 1, commissaries within the 50 states and in Puerto Rico will limit purchases of fresh beef, poultry and pork, the Defense Commissary Agency announced Thursday evening. For fresh beef, pork, chicken and turkey, customers will be limited to purchasing two items per visit, according to the announcement.

"There may be some shortages of fresh protein products in the coming weeks," Robert Bianchi, a retired Navy rear admiral and the Defense Department's special assistant for commissary operations, said in a statement. "Enacting this policy now will help ensure that all of our customers have an opportunity to purchase these products on an equitable basis."

Military commissaries, located on military bases around the world, operate on a nonprofit basis and offer food items at cost. Considered a military benefit, they are open to active-duty troops, dependents, retirees and some other special Veteran categories.

Individual stores will have the ability to increase or decrease limits based on their inventory, DeCA officials added in the release. Some commissaries have already been posting quantity limits on high-demand items, such as toilet paper and hand sanitizer.

The move to limit meat purchases is a troubling one that comes on the heels of an announcement from Tyson Foods, one of the largest meat-processing companies in the nation, that it was being forced to close down plants due to the virus. Eventually, the company warned, the closures would lead to shortages in stores.

"The food supply chain is breaking," company chairman John Tyson said in a full-page ad that appeared in the New York Times April 26.

On Tuesday, President Donald Trump issued an executive order ordering Secretary of Agriculture Sonny Perdue to "take all appropriate action under that section to ensure that meat and poultry processors continue operations," calling the plants "critical infrastructure for the nation.

To that end, the administration will purchase $3 billion in excess dairy, produce and meat "to be distributed in order to assist Americans in need as well as producers with lost markets," the White House said in an announcement accompanying the order.

In DeCA's Thursday announcement, Bianchi said the supply chain for commissaries overseas remained strong.

"In addition, we continue to prioritize quantities for our overseas shipments, so we should be able to support the demand," he said. "If we experience any unexpected major hiccups in the pipeline, we will look at expanding shopping limits to other locations."

The release noted that purchase limits were also intended to head off the phenomenon of panic buying, which has led to bare shelves in supermarkets all over the country. As demand spiked, DeCA issued a March 14 directive allowing store managers to implement shopping limits as they saw fit to maintain stock availability. That directive remains in effect.

"We know this is a potentially stressful time for all concerned," Bianchi said. "But together we will meet these challenges and support our service members and their families throughout the duration of this crisis wherever necessary."

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• The Defense Department said it plans to open up its commissaries and exchanges to 4.1 million new customers on New Year’s Day. The changes were mandated by Congress as part of last year’s National Defense Authorization Act. Veterans with service-connected disabilities, Purple Heart recipients and former prisoners of war will be allowed to shop in the on-base grocery and retail stores. Their caregivers will be eligible too. The military services are changing their access control procedures so eligible Veterans can get on base using their Department of Veterans Affairs health ID cards. Commissaries will charge the new patrons a fee of up to 1.9% if they’re paying by credit card. (Department of Defense)
• The president has given the Federal Labor Relations Authority the go-ahead to get rid of the chairman and any of the members on the Federal Service Impasses Panel. A new memo from the White House said the FLRA should consider decisions from the panel’s members when choosing to remove someone. Impasse panel members are appointed by the president and not subject to Senate confirmation. An American Federation of Government Employees local representing employees at the Social Security Administration sued the FLRA and the impasses panel earlier this summer. The union questioned the legality of the panel because members haven’t been Senate-confirmed. (White House)
• The Federal Retirement Thrift Investment Board reaffirmed its 2017 decision to move the TSP’s international fund to a new index. The board said the TSP should move on with its plans to use an emerging markets index as the new benchmark for the I fund. The new index includes Chinese companies. The decision comes amid bipartisan concern from lawmakers. But board members said it’s up to them to make decisions in the best fiduciary interests of TSP participants, not political decisions. (Federal News Network)
• The Combined Federal Campaign’s National Capital Region is launching its first ever spirit week in early December to encourage more donations. It will run Dec. 1-6. It coincides with Giving Tuesday and International Volunteer Day. The CFC said donations in the National Capital Region are up 20% so far this year. The region’s goal is to raise $34 million. The 2019 campaign ends Jan. 12.
• Agencies have about a month to deliver a website modernization strategy to Congress under the 21st Century Integrated Digital Experience or IDEA Act. But the governmentwide Federal Web Council is there to help them meet the deadline. The General Services Administration said the council has met with agencies, and gathered feedback on what goals remain unclear in the IDEA Act. The council is chaired by a member of GSA’s Office of Government-wide Policy, and a member of the Department of Homeland Security’s Office of Public Affairs. (General Services Administration)
• Agencies might get a new grade on their IDEA Act implementation in future versions of the Federal IT Acquisition Reform Act, or FITARA scorecard. Gerry Connolly (D-Va.), chairman of the House Oversight and Reform Subcommittee on Government Operations, said he supports adding the new grade on the scorecard. Connolly said changing the scorecard would give agencies metrics to make website modernization a top priority. (Federal News Network)
• Protests stalled GSA’s IT products contract. Two unsuccessful bidders filed complaints with the Government Accountability Office over being excluded from the 2nd Generation IT multiple award contract. The General Services Administration awarded 75 companies a spot on the $5.5 billion IT products contract earlier this month. Red River Technology, a large business, and Blue Tech, a women-owned HUBZone small business, filed protests with GAO on Nov. 8 and Nov. 12, respectively. GAO will decide both complaints by early February. (Government Accountability Office)
• The State Department is looking for the next generation of IT hires to sign up for a five-year stint in the Foreign Service. The department is accepting applications for the fourth class of its Foreign Affairs Information Technology Fellowship. The fellowship started as a pilot in 2017, and aims to bring a diverse pool of talent to the department’s IT ranks. The department will accept applications until Feb. 14. (The Washington Center)
• NASA may get its first authorization bill since 2017. The Senate Commerce Committee unanimously passed bipartisan legislation which addresses certain programs within the agency. Among other things, the bill would establish a three-year pilot program allowing the NASA administrator to appoint and set the salaries of up to 5,000 employees. It would also allow the administrator to establish consortia and research centers for new capabilities and analysis. It also extends funding for the international space station, and provides guidance for future Mars and moon missions. (Sen. Ted Cruz)
• A former VA employee was indicted alongside his daughter and ex-wife for health care and wire fraud. The Justice Department accused Miller Wilson Jr. of taking kickbacks from transportation vendors, in exchange for awarding them health care contracts from the VA. His daughter and ex-wife then created their own companies to which he also funneled contracts, according to the indictment. (Department of Justice)
• The Centers for Disease Control and Prevention came out with new figures showing nearly 3 million people become infected in the U.S. every year, and 35,000 people die, from antibiotic-resistant bacteria and fungi. CDC is watching 18 such bugs but Director Dr. Robert Redfield said yearly deaths from resistant bugs have fallen 18% since the last report in 2013, thanks to more hospitals following CDC guidelines for careful use of drugs. (Centers for Disease Control and Prevention)
• With the House beginning impeachment hearings Wednesday, Federal News Network wants to know if you will be distracted from your daily work. Former federal officials said the 1998 impeachment hearings of President Bill Clinton had little impact on the federal workforce. But with social media and having constant online access, will federal employees find themselves caught up in the hourly news cycle? Tell us what you think by taking our survey. (Federal News Network)

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The current generation of military service members have pensions worth millions and they don’t even know it. Many are unaware of how much their monthly retirement check will be and never calculate the total cumulative value of their pension over their expected lifespan. The pension of someone who retires at age 40 after serving 20 years can easily reach $1.5 million by the time they turn 80, while the pension of an officer is often north of $2 million. Combined with other military-related income, such as disability payments from the Veterans Administration, that number can rocket even higher.

Protecting this unexpected retirement wealth can be a challenge, as many who were in the military joined young and did not receive a solid financial education during their years of service. New retirees are faced with an unfamiliar patchwork of programs and products, which can lead to many missed opportunities to protect or grow wealth in their post-military years.

Most recently, to the advantage of military spouses, the "Widows Tax" was axed.

If the focus is to maximize income, civilian life insurance is often a more viable option if the Veteran’s health allows them to qualify for coverage. While there is still a monthly premium with life insurance, the policy’s beneficiary would have the option to receive their payout as a tax-free lump sum. If this nest egg were invested wisely, it could provide a monthly income for the family left behind, and the bulk of it still be passed to the next generation.

Some retirees opt for Veterans Group Life Insurance (VGLI), which does not require a medical screening as long as you apply for coverage within 240 days of your date of separation. However, the monthly premiums dramatically increase with age, to the point of being unaffordable for many. A 50-year-old who has premiums of $144 per month for $400,000 of coverage will see those jump to $920 at age 70. By age 75, the premium has doubled to $1,840 per month. Again, civilian life insurance may provide more affordable options, even if the Veteran isn’t in the best of health.

Benefits to Veterans separating or retiring from the military are also often underutilized. Most former service members, after years of strenuous physical work or combat, qualify for tax-free VA disability payments, boosting their income for life beyond the value already provided by their pension. For example, a former enlisted member with a lifetime pension value of $1.5 million would see that rise to $2.8 million if declared 100% disabled. A former officer in the same circumstance could see a boost from about $2 million to $3.8 million. Even if a 100% disability rating is not warranted, a disability rating of any percentage will increase their overall income. Although the application process with the VA can be time-consuming and complex, one of the largest hurdles often comes from a different corner. Some Veterans find it extremely hard to be forthcoming about the various pains, ailments, and wear and tear on their bodies.

Thrift Savings Plan (TSP) is another wealth-building vehicle that is often not maximized to its full extent by service members. Similar to how a 401(k) would be structured by a civilian employer, employee contributions (plus any match) can be invested in a handful of funds. By default, TSP money is invested in the G Fund, composed entirely of U.S. Treasury securities and that has a 10-year rate of return of 2.30%. TSP participants must deliberately opt into any other fund, something that frequently escapes the notice of young recruits just joining the service. Had those same young servicemembers opted into the C Fund, which attempts to mimic the S&P 500 and has a 10-year rate of return of 13.17%, they might have seen substantially higher growth in their TSP accounts by the time they are ready to retire.

TSP participation also does not interfere with the ability to contribute to a traditional IRA or Roth IRA. Many service members miss out on these opportunities, especially the tax-free growth of Roth IRAs, because they do not realize that TSP is not their only option for retirement savings. Here is where working with a financial professional can be valuable in helping to manage money and make informed decisions, especially a professional who has strong experience in working with Veterans.

With millions of dollars of income potential in retirement, how this generation of Veterans leverages and uses the opportunity can not only affect them and their loved ones, but if managed wisely, can also enable them to leave a legacy to the next generation.

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Discoveries about health conditions faced by Veterans can lead to better care

Million Veteran Program (MVP) researchers are committed to understanding the relationship between genes and health.

Imagine walking into your VA medical center and receiving screenings and treatments designed just for you. For example, your health care provider knows that you have a gene variant indicating you’re at higher risk for heart disease, so she takes extra care to monitor your blood pressure.

Or your mental health care provider knows that your particular genetic makeup means you’ll be more responsive to one drug to treat depression than another, so he is able to bring you effective treatment faster.

This is what MVP researchers hope to one day achieve for Veterans. It’s one of the largest, richest collections of information about genetics and lifestyle in the world.

More than 900,000 Veterans have joined so far

MVP researchers are committed to understanding the relationship between genes and health. Because of the participation of more than 900,000 Veterans, they have made discoveries around a range of health conditions faced by Veterans including:

• Why people with African ancestry may be more at risk for severe kidney disease if they contract COVID-19.
• How military experience and race might affect breast cancer risk.
• The role of genetics as a risk factor for obesity, diabetes, and abnormal lipid levels—all drivers of heart disease.
• How eating yogurt may be beneficial for your health.

Changing Veteran health care

MVP is committed to using its research findings to improve health and wellness for Veterans by accelerating the medical community’s advancement to personalized health care. The program also hopes to use research to improve treatments by informing the development of new drugs and/or re-purposing existing drugs for other conditions.

Want to improve the future of health for Veterans?

Research improves with every Veteran who joins because each person brings their unique genetic information, lifestyle and military experiences to the program. Researchers especially want to advance understanding of health conditions that impact women and people of African and Hispanic ancestry, as those groups have traditionally been under-represented in research. The more varied MVP’s data, the more discoveries researchers can make.

How do I enroll?

It’s easy to enroll in MVP. You can visit many VA facilities nationwide or enroll from the comfort of your home online at mvp.va.gov. Be assured that MVP is committed to keeping participant information protected. All information collected as a part of MVP is stored in a secure database only available for research purposes.

Learn more about how Million Veteran Program uses Veteran data

Check out the “MVP 101” video to learn more about how the program studies information provided by Veteran participants to make discoveries they hope will one day improve Veteran health.

Make your mark on the future of Veteran health care by joining more than 900,000 enrolled Veterans.

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The Departments of Defense and Veterans Affairs are gearing up for what will be the largest expansion of patrons to the military commissary system and exchanges in 65 years, making sure that shoppers will be able to get on base and find the shelves fully stocked.

Starting Jan. 1, Purple Heart recipients, former prisoners of war and all service-connected disabled Veterans, regardless of rating, as well as caregivers enrolled in the VA's Comprehensive Assistance for Family Caregivers program, will be able to shop at Defense Commissary Agency stores and military exchanges.

They also will have access to revenue-generating Morale, Recreation and Welfare amenities, such as golf courses, recreation areas, theaters, bowling alleys, campgrounds and lodging facilities that are operated by MWR.

Facilities such as fitness centers that receive funding from the Defense Department budget are not included.

At commissaries, however, there will be an added cost for new patrons who use a credit or debit card to pay for their groceries, in addition to the 5% surcharge commissary patrons already pay.

DoD officials told Military.com on Wednesday that an estimated 3.5 million new patrons will be eligible to shop. However, after analyzing store locations and their proximity to where Veterans live, they expect that slightly more than a quarter of those patrons, or 800,000 people, will take advantage of the benefit.

According to Barry Patrick, associate director of MWR and Resale Policy in the Office of the Under Secretary for Personnel and Readiness, the DoD expects Veterans in high-cost areas like Guam, Alaska, Hawaii and parts of California to take advantage of the benefit. Stores in states or cities with large populations of service-connected disabled Veterans, including Florida, California, parts of Texas and Washington, D.C., may also see an increase in customers.

"Through this data analytics tool that we've developed, we've been able to provide the services and the resale organizations information... to ensure that [they] can adjust," Patrick said. "We are working with distributors to ensure that the supply chain is adjusted accordingly, based on high-impact projections, and that the supply chain is also prepared for rapid, agile reaction to any unexpected situation."

In addition to ironing out the supply chain concerns, Pentagon officials also have been working to guarantee that the new patrons can get to the stores, which often are located on secure military installations, and will be able to make purchases.

The details have required a joint effort for much of the past year between the DoD and the Departments of Veterans Affairs, Homeland Security and Treasury. Homeland Security is involved because Coast Guard Exchanges are part of the deal, and Treasury plays a role, because it is responsible for ensuring that new patrons pay a fee for credit and debit card purchases at the commissaries.

Since most new patrons lack the credentials needed to get on military bases, installations will accept the Veteran Health Identification card, or VHID, from disabled and other eligible Veterans. For caregivers, the VA plans to issue a memo to eligible shoppers in the coming months, which will be used in conjunction with any picture identification that meets REAL ID Act security requirements, such as a compliant state driver's license or passport.

Justin Hall, director of the MWR and Resale Policy in the Office of the Under Secretary for Personnel and Readiness, said that, after Jan. 1, newly eligible patrons should go to the visitors' center at the base where they plan to do most of their shopping to register their credentials. Thereafter, they will be able to access the base in the same way as CAC and DoD ID card patrons.

According to Hall and Patrick, store computers and registers are being tweaked to scan VHID cards, and employees are being trained on identifying the new patrons.

The most significant difference mandated in the law that created the benefit, the fiscal 2019 National Defense Authorization Act, is that the new customers must pay a fee if they use a credit or debit card at the commissaries. By law, the stores, which receive funding from the Defense Department budget, are not allowed to cover the extra cost of the new users' card convenience fees.

The initial fee for commercial credit cards will be 1.9%; for debit cards, it will be 0.5%. Patrons can avoid the card fees by paying by cash or check, or by using the Military Star card, a credit card offered by the military resale system, which they will be eligible to apply for beginning Jan. 1.

The card fees will apply only to the new patrons.

The Defense Department is preparing a fact sheet that will contain information on how Veterans can get a VHID card if they don't already have one and how caregivers can obtain the memo they need to access the benefit.

MWR and Resale Policy officials said they also will launch an information campaign to alert service-connected disabled Veterans of this new benefit.

"Everybody I've talked to is excited," Hall said. "We're really hoping to get the word out so Veterans will learn about the opportunities."

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The Biden administration's plan to cover the cost of home COVID-19 tests does not apply to Tricare beneficiaries.

Beginning Saturday, private and group health insurers will be required to reimburse the cost of eight take-home COVID tests per month under an initiative announced by President Joe Biden on Jan. 10.

But as a federal health program, Tricare's nearly 8 million beneficiaries who aren't on active duty will not have the same access, although the military health system is reviewing its policies, according to a Defense Health Agency spokesman.

Under Tricare, tests are covered only when ordered by a doctor for patients with symptoms; who have had prolonged exposure but no symptoms; are having surgery; or are overseas and need to be tested.

All other reasons -- personal concern, workplace safety, returning to work or school, travel or access to services -- are not covered.

In a major effort to broaden access to testing across the U.S., Biden ordered insurers to cover the cost of eight COVID-19 test kits per month for people with health insurance starting Jan. 15.

The initiative requires insurers to reimburse for the full cost of take-home tests at their network pharmacies and at out-of-network retailers for a $12 copayment per test.

And under the directive, patients with an underlying health condition or other factors will not be limited on the number of tests they can be reimbursed for if they have a doctor's order.

Since the beginning of the COVID-19 pandemic, Tricare beneficiaries have been able to have their COVID-19 tests covered only if they have symptoms or have been in contact with a person who has tested positive and they have a doctor's order.

Tricare spokesman Peter Graves said Thursday that policy remains in place but the Department of Defense is reexamining its rules.

"The Defense Health Agency is reviewing the latest guidance on at-home testing kits in order to identify whether any changes to the current policy are warranted," Graves said in an email to Military.com.

The new insurance reimbursement plan also does not apply to Medicare, which provides the primary coverage for military beneficiaries who use Tricare For Life – meaning those patients are also excluded under the initiative.

Despite not being covered under the federal program's reimbursement plan, Tricare users should still be able to get access to free tests.

As part of the announcement, the government will establish "thousands of locations," according to Biden, to distribute free take-home tests and will create a website for anyone to order free rapid antigen tests for delivery.

Beginning Jan. 19, anyone can order free tests for home delivery at www.COVIDTests.gov.

Some states like Vermont already have programs in place that require insurers to reimburse for tests. Other states, including Colorado, Connecticut, Iowa, Maryland, Massachusetts, New Hampshire, New Jersey and Washington, as well as the District of Columbia, already have been giving away free tests at COVID-19 test sites, community centers, libraries and community health clinics.

With the spread of the Omicron variant of the illness, test kits have remained in short supply at retailers and via community distribution.

Earlier this month, the Defense Department awarded contracts to a number of rapid antigen test makers, including Abbott, maker of the BinaxNOW test; iHealth Lab; and Roche Diagnostics for the purchase of 380 million over-the-counter tests, and to Goldbelt Security for distribution of a planned 500 million tests.

The DoD is the contracting agency because it has the infrastructure and capability to "acquire goods and services as rapidly and effectively as possible for the federal government in support of the American public," according to Pentagon spokeswoman Jessica Maxwell.

There have been more than 460,000 cases of COVID-19 diagnosed in the military community since the beginning of the pandemic, including military personnel, family members, civilian employees and contractors.

Nearly 650 have died, including 88 troops, 34 dependents, 394 civilians and 133 contractors, according to the DoD.

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Congress may be on the verge of passing the most comprehensive legislation dealing with military toxic exposure issues in 30 years, potentially granting new health care and disability benefits to one out of every five living American Veterans.

Or they could be headed to another round of legislative gridlock and advocacy heartbreak in the effort to full recognition of the danger of burn pit exposure and other military contaminant hazards.

“We know the path ahead still won’t be easy, but with the commitment we’re seeing today, the possibility of passing comprehensive toxic exposure legislation has never been greater,” said Joy Illem, national legislative director for Disabled American Veterans, during a Capitol Hill press conference on Wednesday. “This is long overdue.”

The event — featuring numerous Veterans groups, House Veterans’ Affairs Committee members and comedian Jon Stewart — was the official unveiling of the newly crafted Promise to Address Comprehensive Toxics (PACT) Act.

Supporters hailed it as the most ambitious legislation on the topic of military toxic exposure since the Agent Orange Act of 1991, which for the first time granted presumptive disability benefits status to all troops who served in Vietnam because of the widespread use there of the chemical defoliant Agent Orange.

“Toxic exposure is a cost of war,” said committee Chairman Mark Takano, D-Calif. “It’s time America makes good on our promise to care for all Veterans exposed to toxic substances.”

The PACT Act adds hypertension to the list of illnesses covered for Vietnam Veterans, a move that will potentially grant 150,000 elderly Veterans access to disability payouts. It also includes presumptive status for radiation poisoning for thousands more Veterans who served in areas where nuclear testing and weaponry was used.

But the most striking portion of the bill would be recognition that all troops who served in Iraq and Afghanistan likely suffered some level of poisoning from burn pits used extensively throughout the country, even though scientific specifics on the chemical vapors present remain incomplete.

The legislation establishes a list of 23 cancers and respiratory illnesses believed linked to the toxic smoke, allowing Veterans who served in the countries and later contract the conditions to skip eligibility and verification processes for VA benefits.

“If we can get those presumptions, that’s a major strategic victory,” said Rep. Raul Ruiz, D-Calif., a former emergency room doctor who has been pushing for burn pit legislation for several years. “This must be the year that we send a bill to the president and turn it into law, and the most important part is the extensive list of presumptions.”

Altogether, more than 3.5 million Veterans could see some benefit change under the scope of the House bill.

Earlier this month, Senate Veterans’ Affairs Committee members offered their own similarly sweeping toxic exposure legislation, the Comprehensive and Overdue Support for Troops (COST) of War Act. The measure has a shorter list of presumptive conditions tied to burn pit smoke and a different approach to future reviews of toxic exposure issues.

The committee advanced the measure on a bipartisan voice vote on Wednesday, allowing lawmakers to move ahead with plans to take it to the full Senate for consideration later this summer.

But the bipartisan approval came with several large caveats.

Several members said they still want to get an estimate of the total cost of the measure — Sen. Thom Tillis, R-N.C., said the price tag may hit “hundreds of billions of dollars” — before they back it in a full chamber vote.

Senate committee ranking member Jerry Moran, R-Kan., said he also has concerns that the scope of the new benefits could overwhelm VA claims processing, already strained from months of pandemic closures and business adjustments.

House Republicans have not yet signed onto the measure, although Takano said several GOP-backed bills are included in his legislation and he is confident they can find bipartisan agreement on most of the issues.

And Moran has said he still wants more feedback from VA officials on how they intend to implement the massive legislative proposal. Takano said that he is meeting with VA Secretary Denis McDonough to discuss those issues on Friday, and that department officials so far have been cooperating behind the scenes to move the legislation forward.

For Veterans advocates, that’s a reason for optimism, even if much work lies ahead.

“[Veterans] must know when and where they were exposed and to what,” said Coleen Bowman, a senior advisor at the Tragedy Assistance Program For Survivors whose husband, former Army Sgt. Maj. Robert Bowman died of cancer in 2013.

“Had we known what my husband was exposed to, we could have informed the doctors earlier. It wouldn’t have taken 6 months of misdiagnosis before we were told he had stage 4 inoperable cancer. When we send our service members to war, we must be prepared and willing to take care of them when they return home.”

Both Takano and Tester said they hope to pass their respective bills out of their chambers later this summer, with a goal of reconciling them this fall and finalizing the legislation before the end of the year.

That would mean rulemaking could start early next year, with payouts and new medical benefits beginning no earlier than 2022, still more than a year away for Veterans and families already struggling with health issues that have lingered for years and decades.

“Time is a luxury that many ill Veterans just don’t have,” said Aleks Morosky, government affairs specialist at the Wounded Warrior Project. “The time to act is now.”

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Millions of Veterans could be eligible for an additional year of education benefits starting next semester thanks to another federal court ruling rejecting the Department of Veterans Affairs prohibition on collecting both Post-9/11 GI Bill benefits and Montgomery GI Bill payouts.

The decision, rendered by the U.S. Court of Appeals for the Federal Circuit late last week, leaves federal officials with only a few long-shot options to support their arguments and overturn a pair of precedential decisions by judges.

In a statement, VA officials said they are still assessing the latest court decision but “remain committed to providing Veterans the benefits they have earned and deserve.”

The case, Rudsill vs. McDonough, has been pending in federal courts for nearly six years. At its center is department officials’ assertion that Veterans can use either the Post-9/11 GI Bill program or the Montgomery GI Bill program, but not both.

Jim Rudisill, an Army Veteran wounded in a roadside bomb attack in Iraq in 2005, challenged that policy, saying it was based on a misreading of the law by department officials.

The federal circuit court was the latest in a series of courts to back his case, agreeing that Rudisill should not have been forced to give up eligibility in either program, and should be entitled to 48 months of education benefits (the existing cap on total government higher education payouts under federal statute.) The ruling leaves in place lower court decisions that say eligible Veterans can start using the benefits as early as next semester.

“Congress doesn’t try to trip up Veterans with their benefits. They want to protect them and take better care of them,” said Tim McHugh, an Army Veteran and associate at the Hunton Andrews Kurth law firm who was the lead attorney on the case.

“To hear another federal appellate court agree with that is vindicating.”

Under the Post-9/11 GI Bill education benefits program, eligible Veterans receive 36 months of tuition payouts, housing stipends and other financial assistance.

The Montgomery GI Bill benefits program offers far less money, but still has several thousands of dollars annually to offer Veterans for tuition costs if they paid into the program at the start of their military service. It is expected to be completely phased out in the next decade.

Given the choice between the two programs, most Veterans would opt for the more financially generous Post-9/11 GI Bill program. But the court decisions now open the door for the possibility of another year of lesser education stipend payouts for Veterans who can’t complete their degrees in 36 months.

Rudisill is attending seminary school using his additional education benefits, after a lower court order allowed him to start collecting the money even as the case was appealed.

The court ruling is focused just on his benefits, and was not a class action suit that would apply directly to all Veterans in a similar situation. But judges on the federal circuit court opted to make their decision precedential, meaning it could be used by other Veterans to support their own eligibility for additional payouts.

An estimated 1.7 million Veterans who have already attended college classes have some Montgomery GI Bill eligibility left, according to Rudisill’s lawyers. The department has not released any estimates on how much a change in policy may cost.

It’s also unclear whether Veterans need to have a break in service to qualify for the extra benefits.

Rudisill served from 2000 to 2002, left the service to take some college classes under the Montgomery GI Bill, then returned again in 2004 for a year and in 2007 for four more years. The judges said that constituted separate periods of service qualifying him for separate periods of benefits eligibility. But they also argued against the VA opt-out policy.

Officials from Student Veterans of America noted that VA officials also have not publicly announced how many of those may be eligible and whether they plan on informing Veterans about how to petition for that money.

VA officials could still attempt to appeal the ruling to the Supreme Court, but such a bid is considered unlikely to succeed given the strong statements against their position from the lower court.

The Solicitor General could also petition the federal circuit to expand the panel hearing the case and re-examine the arguments, in hope of a different decision. That is also unlikely to produce a different reaction, although Circuit Judge Timothy Dyk did offer a partial dissent to the latest ruling.

Administration officials have until mid-August to start those moves, or allow the court orders to stay in place.

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More than 3.5 million Veterans exposed to burn pits and other toxins while serving oversees would be eligible for health care and benefits under a bipartisan bill advancing through Congress.

The Senate on Tuesday overwhelmingly voted to proceed with a bill intended to give Veterans suffering from respiratory illnesses and cancers from toxins they came across in war zones access to needed medical care. The landmark legislation is the culmination of years of work by Veterans groups who say it's long overdue.

The bill is named for Sergeant First Class Heath Robinson, an Ohio National Guard solider who was deployed to Kosovo and Iraq and died in 2020. During an event in Washington, D.C., Tuesday in support of the legislation, Susan Zeier, Robinson's mother-in-law, described the ordeal her family endured.

Wearing a military jacket with the name "Robinson" stitched on, Zeier described how her son-in-law was diagnosed in 2017 with stage-four lung cancer, which his oncologist said was rare and could have only been caused by prolonged toxic exposure. It was then, said Zeier, that she learned what a burn pit was.

A burn pit is an open-air trench where waste is burned, and was a common disposal method at military sites in Iraq and Afghanistan, according to the U.S. Department of Veterans Affairs (VA). Pits were used to dispose of chemicals, paint, medical and human waste, munitions and other potentially hazardous materials. The VA in 2014 established a registry in response to concerns of respiratory illness potentially caused by exposure to burn pits.

"One month prior to his cancer diagnosis, we learned he had a rare mucous membrane autoimmune disease that caused him to have reoccurring gushing nosebleeds and bleeding from his ears," said Zeier. "Needless to say, he spent his final three years on earth battling the war that followed him home."

Caring for him became a physically and emotionally draining "around-the-clock ordeal," and she said he had to move into his home to help with his spontaneous, gushing nosebleeds while vomiting, making him unable to keep the oxygen tube in his nose.

Zeier said Heath Robinson's wife, Danielle Robinson, applied for VA caregiver benefits, but her claim was denied after he was unable to prove burn bits or other combat-related trauma had caused his illness.

Veterans groups have said that tens of thousands of other service members have had similar experiences to Robinson's. The issue has gained traction in recent years, and President Joe Biden brought up burn pits in his State of the Union address in March.

"We owe it to our Veterans and their families to address these consequences comprehensively," the White House said in a statement supporting the legislation Tuesday. "Unfortunately, it has taken decades to understand the dangerous effects of harmful environmental exposures—leaving too many Veterans without the benefits and services they need and deserve."

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Acting United States Attorney Richard Frohling announced today that Bell Therapy, Inc., and its parent company, Phoenix Care Systems, Inc., agreed to pay $390,080 to resolve allegations that they billed for services at the incorrect rates and billed for services not properly reimbursed, causing false claims for those services to be submitted to the Medicaid Program.

Bell Therapy operated two facilities in the Milwaukee area licensed to administer Community Support Programs (CSPs). CSPs provide services to mentally ill individuals in Wisconsin and are supported by state and federal Medicaid funds. The settlement resolves allegations that Bell Therapy fraudulently submitted claims for services rendered by providers without the requisite credentials or qualifications and/or at an incorrect billing rate as well as claims for group services billed as individual services. It also resolves allegations that Bell Therapy providers improperly billed for non-face-to-face activities.

“The U.S. Attorney’s Office prioritizes efforts to stop healthcare fraud and seeks to protect health care program beneficiaries and the American taxpayers,” said Acting United States Richard Frohling. “This settlement demonstrates our continuing efforts to combat violations of the False Claims Act.”

“Medical providers must ensure that the services they provide and bill for are conducted by personnel with appropriate credentials and qualifications and accurately reflect the service that is actually provided,” said Lamont Pugh III, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “The OIG will continue to identify and investigate allegations of potential fraudulent billing to the Medicaid program in order to protect the health and safety of patients and vital taxpayer dollars.”

The settlement resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States. Accordingly, the whistleblower will receive a share of the settlement proceeds.

Assistant United States Attorney Lisa Yun represented the government in this matter. The U.S. Department of Health and Human Services Office of Inspector General assisted in the investigation. The claims resolved by the settlement are allegations only; Bell Therapy and Phoenix Care Systems do not admit liability for the allegations.

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VA staff will contact enrolled Veterans to schedule appointments

MILWAUKEE — The Milwaukee VA is ramping up its fight against COVID-19 by targeting a new age group.

The VA lowered its vaccine requirement to Veterans aged 55 and up.

"The fight has been a long fight over the last year," said Dr. Ankur Patel, COVID-19 co-incident commander for the Milwaukee VA.

There was a walk-in vaccine clinic Saturday.

"We initially started with Veterans 65 and older, but this past week we dropped that down to 55 and older," Patel said.

The move opened the door to Veterans such as 61-year-old Gary Linder.

"I was very excited that we can get in before most people my age and get the shot," Linder said. "I'd like to be able to socialize and help stop the spread and get back to as close to normal as possible."

For Army Veteran Carol Lucas, getting the shot before going back to work at Milwaukee Area Technical College was priority.

"They're bringing everyone back to work on March 15. I also have an underlying health condition, so I just wanted to be safe," Lucas said. "Don't be afraid; come and get your vaccine."

Prior to Saturday's walk-in clinic, the VA said it helped more than 10,000 Veterans get at least their first dose.

"When you look at the community versus the VA, we're really pushing into age groups the community hasn’t even thought of yet," Patel said.

Any Veteran who went to the walk-in clinic Saturday and was unable to get vaccinated due to the clinic reaching capacity, will receive an appointment to get the shot at a later date.

Staff will continue calling Veterans and using VEText to schedule appointments.

Enrolled Veterans who previously opted out of VEText or want to check to see if they are still on the list to receive texts can send a text message to 530-79 with the message "Start."

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Acting United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, woman convicted of two counts of Assault Resulting in Serious Bodily Injury, one count of Health Care Fraud, and one count of Obtaining Controlled Substances by Fraud was sentenced on October 22, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Frenchone One Horn, a/k/a Frenchone Kills In Water, age 41, was sentenced to 60 months in federal prison to be served consecutively on each count of Assault Resulting in Serious Bodily Injury. One Horn was sentenced to 24 months in federal prison on the charge of Health Care Fraud, to be served consecutively to the assault charges. As to the charge of Obtaining Controlled Substances by Fraud, One Horn was sentenced to 12 months in federal prison. In total, One Horn was sentenced to 12 years in federal prison, followed by three years of supervised release, and ordered to pay $400 in special assessments to the Federal Crime Victims Fund.

One Horn was indicted for the charges by a federal grand jury on October 22, 2020. She pleaded guilty on May 28, 2021.

One Horn was addicted to prescription controlled substances and was no longer able to obtain controlled substances as a result of her behavior. One Horn assaulted others, including her minor children, in order to obtain prescriptions from medical providers for the injuries she intentionally inflicted. As a result of One Horn’s actions, three victims lost four fingers to amputation. One Horn fabricated stories as to how the individuals received their injuries, and also provided false statements to health care providers in order to obtain controlled substances and health care benefits. Once the individuals received controlled substances, One Horn took the controlled substances, despite the individuals having significant bodily injuries.

This case was investigated by the U.S. Department of Health and Human Services - Office of Inspector General and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.

One Horn was immediately turned over to the custody of the U.S. Marshals Service.

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MISSOULA – A Missoula vascular surgeon who operates vein and surgery centers in Missoula and Kalispell has agreed to pay the federal government $3.7 million to settle alleged False Claims Act violations that he performed medically unnecessary surgeries based on improper techniques and submitted fraudulent bills for payment to federal health care programs, U.S. Attorney Leif M. Johnson said today.

Dr. David Bellamah, and his business, Bellamah Vein & Surgery, PLLC, doing business as Bellamah Vein Center, has entered into a civil settlement agreement with the U.S. Attorney’s Office for the District of Montana, the Department of Health and Human Services Office of Inspector General, the Defense Health Agency, the Department of Veterans Affairs and a third party, Lenore Lezanne. The terms of the settlement agreement require Bellamah and his company to pay a settlement amount of $3,746,324. The settlement agreement resolves a civil complaint alleging violations of the False Claims Act and other common law claims. The civil complaint in intervention was filed today in U.S. District Court for the District of Montana along with a stipulation to dismiss the case.

“This civil settlement resolves claims of using improper techniques and unnecessary medical procedures to create and submit false claims to four federal health care programs. Submitting false claims for unnecessary procedures increases the cost of providing services to people who really need it. Had the United States known the truth, it would not have paid such claims. We will investigate and hold accountable medical providers who try to enrich themselves through false billing to federal health benefit programs. I want to thank our office’s health care fraud investigation team, the Department of Health and Human Services Office of Inspector General and the FBI for their work on this case,” U.S. Attorney Johnson said.

“Performing medically unnecessary surgeries risks the health and wellbeing of patients, compromises the integrity of federal health care programs, and increases the financial burden on taxpayers,” stated Curt L. Muller, Special Agent in Charge with the Department of Health and Human Services, Office of Inspector General. “Working closely with our partners, HHS-OIG will continue to safeguard the integrity of federal health care programs by investigating individuals who seek to exploit them.”

“David Bellamah’s alleged actions violated the oath held sacred by physicians,” said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. “Health care fraud affects all Americans and the FBI remains committed to doing our part to combat it.”

The United States contended in court documents that its civil claims against Bellamah and his company arose from him billing for certain services that were medically unnecessary and based on false medical records from January 1, 2015 through March 31, 2017. Bellamah specializes in the diagnosis and treatment of venous reflux disease and varicose veins.

In March 2018, Lezanne, who was a sonographer formerly employed at Bellamah Vein Center, filed a suit in U.S. District Court against Bellamah Vein and Surgery, Bellamah and others alleging Bellamah received government funds for performing unnecessary venous procedures based on inaccurate medical records. The United States partially intervened in the case.

In its complaint, the United States alleged that Bellamah and staff at Bellamah Vein Center used improper techniques to conduct and analyze ultrasounds and used false ultrasound findings to conduct and bill for medically unreasonable and unnecessary services related to the diagnosis and treatment of venous reflux disease and varicose veins. The government contends that Bellamah submitted false claims to the Department of Health and Human Services’ Medicare and Medicaid programs, the Department of Defense’s TRICARE program and the Department Veterans Affairs’ CHAMPVA program.

The Settlement Agreement directs Bellamah to pay the United States $3,746,324, plus interest if applicable, of which $1,923,861 is restitution and the remaining $1,822,463 is settlement of additional damages. If the settlement amount is paid in full within 21 days of the effective date of the Settlement Agreement, no interest shall be charged. Otherwise, Bellamah shall make payments, plus interest, over five years. Upon receiving the settlement amounts, the United States will pay Lezanne 17 percent of each payment as her share of the settlement.

The Settlement Agreement is neither an admission of liability by Bellamah nor a concession by the United States that its claims are not well founded.

Assistant U.S. Attorney Michael A. Kakuk represented the United States in this matter, which was investigated by office’s health care fraud investigation team, the Department of Health and Human Services Office of Inspector General and the FBI, with additional assistance from the Defense Health Agency and the Department of Veterans Affairs.

PACER case reference. 18-57-M-DLC

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