Research - Rehabilitation - Re-Employment

Sgt. Shaft 12/03/2001

Dear Sgt. Shaft:

In 1999, with your help, Congress restored medical benefits lost as a result of the notorious Omnibus Budget Reconciliation Act of 1990, to Gold Star Wives whose subsequent remarriages had terminated. Under the 199 law, the surviving spouse of a service member killed on active duty or of service-connected causes, whose remarriage had terminated, would be eligible for medical benefits under the Department of Veterans' Affairs CHAMP-VA program.

Then this year, effective October 1, 2001, Congress expanded the CHAMP-VA program to include those who are Medicare-eligible. This new expanded program is known as "CHAMPVA for Life," and is analogous to the Department of Defense's "TRICARE for Life".

The primary benefit of the "CHAMP-VA for Life" program for our members is the prescription benefit. Medicare does not provide a prescription benefit, and until TRICARE for Life/CHAMP-VA for Life became law, approximately one-half of our Medicare-eligible members did not have prescription coverage.

I am distressed that a number of our members are reporting that the VA is not processing their "CHAMP-VA for Life" applications, and that the applications are "on hold." The Department of Veterans Affairs is withholding the benefit because it claims the law allows only those widows who were eligible for CHAMP-VA benefits before they remarried to be "reinstates" to CHAMP-VA. Thus, the VA is not [processing the applications of active-duty widows who remarried and who remarriages terminated because they were never eligible for the CHAMP-VA program; their medical benefits having been previously provided by the Department of Defense.

The CHAMP-VA program did not come into existence until 1973. By the VA's logic, any active duty or service-connected widow who remarried before 1973, and who's remarriage has terminated, would now be ineligible for CHAMP-VA benefits because she could not have been eligible for a program that didn't exist before her remarriage.

The law concerning CHAMP-VA and "CHAMP-VA for Life" eligibility (38 USC 103 and 1713) clearly and unambiguously make no such condition of prior CHAMP-VA eligibility.

Although the VA says it has not yet "denied" the benefit to any Gold Star Wife, the withholding amounts to an absolute denial. A widow who needs heart medication in October, but cannot afford it, is denied the benefit in October. Even if the VA were to eventually obey the law, the widow cannot recover the loss to her health.

I am hoping you can help us - again. These affected elderly widows are confused and demoralized by the VA's failure to timely provide the medical and prescription benefit. Most importantly, the VA is jeopardizing the health of these widows.

Aseneth Blackwell
National President
Gold Star Wives of America, Inc.

Dear Asenath:
I discussed your deep concerns with the powers that be at the Department of Veterans Affairs. I am happy to report that the General Counsel agreed with your analysis and a concurring opinion will soon be issued. Reinstated spouses should never have to worry about medications to save and enhance life.

Again, I urge Congress to pass H.R.1108, sponsored by Congressman Michael Bilirakis (R-FL), which would allow a military widow to remarry after age 55 and retain her Dependency and Indemnity Compensation (DIC). DIC is the only federal annuity program that does not allow a widow who is receiving compensation to remarry after the age of 55 and retain her annuity. Said Congressman Bilirakis in introducing this legislation, "The prospect of one partner losing financial benefits as a result of a marriage is a real disincentive. In fact, current law makes it virtually impossible for some couples to marry after age 55 because they simply cannot afford to do so and continue to support themselves."

Like Congressman Bilirakis, I, too, have heard from military widows across the country who have found someone with whom they would like to spend the rest of their lives but cannot marry because it would mean the loss of their compensation. Australia honors its dead servicemen by providing their widows and minor children with financial assistance. These military widows keep their DIC benefits when they remarry as a small compensation for the continued grief they suffer. It should be no different here.

Shaft Kudos
The Sarge hopes World War II vets will enjoy reminiscing with their buddies this December 7-9 at The National D-Day Museum in New Orleans. On this 60th anniversary of Pearl Harbor, the Museum will open its next great exhibit, "The D-Day Invasions in the Pacific." Between December 7 and 9, a grand opening celebration will take place with 13 public events through downtown New Orleans, a World War II film festival, military reunions, a USO Dance, a pacific landing re-enactment and port visits at the Mississippi Riverfront. Thousands of veterans and their families will join in a "Gathering of Eagles," two days of reunions, military displays, film festivals, book signings, and other entertainment in a military encampment setting sponsored by veterans organizations, military services and reunion groups. "Conversations with Veterans," to be held December 7 and 8, invites veterans, homefront workers, and the general public to share their experiences of World War II with panels of noted historians and experts on WWII. The National D-Day Museum opened a little more than one year ago to national attention and has since welcomed more than 380,000 visitors. It is a museum of the World War II years that celebrates the American spirit, the courage and sacrifices of the men and women who won World War II, and promotes the exploration and expression of these values by future generations. Call 1-800-273-4463 for more information on media coverage of and attending the Pacific Exhibit Grand Opening Events or log on to www.ddaymuseum.org for more information about The National D-Day Museum.

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-462-4430 or email sgtshaft@bavf.org.

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