BeaChComBer

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Cal-Diego ParalyzeD Veterans assoCiation June 2007 The mission of
Cal-Diego
Paralyzed Veterans
Association is to
improve the quality
of life for veterans
of the United States
Armed Forces and
others who have a
spinal cord injury a
or disease. BeaChComBer Photo Courtesy of Rebecca Melendez, C.P.C., Family Service Center, El Camino Memorial
Sherman Gillums Jr., Cal-Diego PVA Vice President, places a wreath in honor of fallen
heroes, during a Memorial Day ceremony at El Camino Memorial Park. Cal-Diego PVA June 2007 In this Issue PVA Service Office VA Regional Center 8810 Rio San Diego Drive, 1121 San Diego, CA 92108 (619) 400-5320 (800)795-3586 FAX: (619) 400-0072 Service Officer - Amanda McGrath Secretary - Cindi Kourbelas President Al Kovach Vice President Sherman Gillums Treasurer Mike Snodgrass Secretary Bill Palmer Board of Directors Johnnie Sandoval Jim Russell Richard Johnson Pete Morelli Marie Munoz Appointments National Director Jim Russell Sports & Recreation Johnnie Sandoval Finance Mike Snodgrass Hospital Liaison Sherman Gillums Membership & Volunteers Bill Palmer Cal-Diego Office Staff Executive Director Kelly Price Noble Government Relations Director Wayne Landon Administrative Assistant Dianna Jones Newsletter & Webmaster Lindsey Gallaway Upcoming Board Meetings July 12, 2007 August 9, 2007 September 13, 2007 Requested Numbers
Amvets Pickup
1-877-7AMVETS
VA Healthcare System 858.552.8585
Paul W. Danielsen, Attorney 619.437.1577
Wheelchair Repair
858.642.3111 Cal-Diego PVA Chapter Office A member Chapter Of The Paralyzed Veterans of America 3350 La Jolla Village Dr. #1A-118 San Diego, CA 92161 (800) 423-2778 (858) 450-1443 (858) 552-8585 ext. 7601 FAX: (858) 450-1852 e-mail: national@caldiegopva.org www.caldiegopva.org The Cal-Diego Board of Directors meet monthly. Minutes of the last meeting are available in the Cal-Diego PVA office. All Cal-Diego PVA members are invited to attend. Please feel free to contact us to inquire about the next meeting date. VASDHS Medical Center The views and opinions expressed in the Beachcomber are not necessarily a direct representation of the views or ideals of Cal-Diego PVA. We hereby disclaim any responsibility for opinions expressed herein. Presidents Message
Executive Directors Message
Government Relations Directors Message
Vice Presidents Message
Invacare Recall Strategies
Good Stuff to Know
Reflections 2007
SCI Class Schedule
Winter Ski Clinic
Birthdays 1
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18 Cal-Diego PVA June 2007 Cal-Diego Questions Medical Device Recall
Strategies To Advocate Patient Safety. Presidents Message Cal-Diego became aware of a member who was allegedly injured after his Invacare power wheelchair malfunctioned in 2004. Invacare and the veteran settled out of court in early 2007. Out of concern for protecting other unwitting users, who used the same or similar wheelchairs, Cal-Diego consulted with VA Prosthetics to check for any pertinent recalls. VA Prosthetics reported none on that particular wheelchair model. Not only were there no recalls reported, VA also had no record of a recall from Invacare in 2000 following two product-failure deaths in 1999. Cal-Diego also questioned VA Physical Therapy because of its face to face contact with both Invacare sales representatives and the patient. They were unaware of any recall. As a result of this communication void, the SCI chief may have continued to unknowingly prescribe these potentially dangerous wheelchairs to his patients. Invacare stated that the recall was terminated on June 15, 2005 however on November 22, 2006 a patient (not a veteran) burned to death as her Invacare power wheelchair was consumed by fire. Consequently, the Chapter made the conscientious decision to publish the Ragged Edge Magazine article that called into question the adequacy of Invacares recall strategy. Cal-Diegos intent was to encourage members not to rely solely on product recalls in light of this information void. The article, Despite Fires and Deaths was written by and posted on the Ragged Edge Magazine website on July 27, 2006. The author refers to a story that appeared in the Cleveland Plains Dealer in 2002 which not only received an abundance of attention from the disabled community but also Invacare. The article spoke to the potency of peril should foreseeable danger remain unheeded and another end-user be injured. While the merits of the article were vehemently challenged by Invacare, none were proven to be categorically false. With more recent irrefutable evidence of another injurious wheelchair malfunction, albeit a different type of malfunction than discussed in the article, and the burning death in 2006, putting knowledge back into the bottle would have been a disservice to the veterans who rely on Cal-Diegos staunch advocacy. Page 1 According to the U.S. Food and Drug Administration (FDA), It is the recalling firms responsibility to assure that the recall is effective. FDA recommends that recall effectiveness checks are conducted for every recall. FDA guidelines state The purpose of an effectiveness check is to verify your recall notification letter was received by the customer, that the customer read and understood the letter and followed the recall directions. The FDA also recommends that the recalling firm provide monthly recall status reports, determine the root cause of the problem that resulted in the recall, and take corrective actions to prevent future occurrences of the problem. But the issue remains; Cal-Diego doesnt know why VA could present no record of such recall upon our inquiry. Until Cal-Diego can be reasonably assured that every possible measure to protect its members has been taken by Invacare and its dealers this issue will remain in conflict. Every issue of our monthly newsletter contains the following disclaimer: The views and opinions expressed in the Beachcomber are not necessarily a direct representation of the views or ideals of Cal-Diego PVA. We hereby disclaim any responsibility for opinions expressed herein. However, in the interest of diplomacy, Cal-Diego will print the Invacare rebuttal to the Ragged Edge Magazine article that appeared in the Beachcomber. Cal-Diego has been working with VA Prosthetics to be pro-active in pursuing pertinent recall information and to use the Beachcomber to alert our members. I would appreciate PVAs support by working with the durable medical equipment industry to improve its recall policies. This would encourage better communication, improve customer satisfaction, and protect our veterans from defective equipment (For Invacares response, please refer to page 5.) By: Al Kovach Cal-Diego PVA June 2007 service, places we visit (and places we should), stories we run, and programs we offer. We need you, the Readers incite as to how we may better serve you, aiding us in our fight to improve the quality of lives for veterans of the United States Armed Forces and others with SCI/D. Two most recent public events at which Cal-Diego PVA partici- pated were the Diversity Fair at Camp Pendleton and the San Diego Regional Chamber of Commerces Business Expo. Sherman Gillums and I covered a great deal of ground, meeting with people in various service industries, ranging from adaptive clothing to dental benefits; construction and plumbing groups to small business administration. This networking enabled us to be part of a group of catalysts within San Diego, vying for attention to better our economic stance and visibility in the community. Additionally, Cal-Diego PVA has aligned itself with two new companies this year. One is Alliance Labs, Cal-Diego PVAs Title Sponsor for the Meeting the Challenge Fundraising Dinner, Wednesday, 25 July (see page 8 for Alliances story). The other is the University of Phoenix whose mission is to educate working adults to develop the knowledge and skills that will enable them to achieve their professional goals, improve the productivity of their organizations and provide lead- ership and service to their communities. (http:// www.phoenix.edu www.phoenix.edu). With these unions, Cal-Diego PVA hopes to increase the service area to our veterans literally from education to healthcare. Stay tuned for more as our service to our members continues to grow. I would rather regret the things I have done than the things I have not. Lucille Ball Suppor ting our members through advocacy, proper legislation and community outreach are simply a few ways in which Cal-Diego PVA supports its members. Though the majority of our ventures are characterized as successful, there are times when we may make decisions that may not be as popular as some would like. We do our best to take on matters about which we feel are important to the member- ship; we travel throughout and around the community with volunteers who we feel may best represent the Chapter; we choose events hoping to place us on the forefront of peoples minds, educating and disseminating information about the organization, taking a stand to continue the fight for not only those who were carried off the field, but for those who did the carrying. When the opportunity arises, members or staff may travel outside the state to seek instruction or give trainings, employing joint efforts from Chapter to Chapter, advocating for better healthcare, increase awareness for sports and recreation programs and disability rights, and to remove barriers affecting those with a myriad of disabilities. Our goal, to better all around services and support while implementing and enforcing discrimination laws. The good of the people is the highest law and that is what Cal-Diego PVA has been trying to uphold for the past 26 years. The organization has been proudly serving those with spinal cord injuries or diseases (SCI/D) to the best of its ability and has grown leaps and bounds over the decades, performing at high levels, and putting into operation changes that would positively affect those living with SCI/D. Our methods may not make every single person or entity happy, but it is our job to find flaws within the system and correct them. The precepts of the law are to live honestly, to in- jure no one and to give every [person his/her] due. http://www.essential.com/book/quotes/law.htm http:// www.essential.com/book/quotes/law.htm. With this said, Cal-Diego PVA invites opinions about our customer Executive Directors Message Further Serving the Membership By: Kelly Price Noble Page 2 [A] true leader serves. Serves people. Serves [his/her] best interest and in doing so will not always be popular, may not always impress. But, because true leaders are motivated more by loving concern than a desire for personal glory, [he/ she is] willing to pay the price. Eugene B. Habecker Cal-Diego PVA June 2007 The National Low Income Housing Coalition (NLIHC) National Housing Trust Fund votes in House May 17 and 18: SUPPORT H.R. 1427 Oppose Amendments that Weaken or Eliminate the Affordable Housing Fund! The House will vote on amendments to H.R. 1427, the Federal Housing Finance Reform Act of 2007 today and tomorrow, May 17 and 18. The bill establishes an Affordable Housing Fund and then, once a National Housing Trust Fund is established, transfers AHF monies into the NHTF. The NHTF will rely on several sources of dedicated funding. H.R. 1427 would generate about $600 million a year for a new National Housing Trust Fund, an incredibly important achievement for the affordable housing community. Several amendments have been filed to weaken or altogether do away with the Affordable Housing Fund in H.R. 1427. All of these amendments will be voted on between May 17 and 18 by the entire House of Representatives. The most serious anti-Affordable Housing Fund amendments are listed below. ASK YOUR REPRESENTATIVES TO VOTE FOR H.R. 1427, BUT TO OPPOSE THE FOLLOWING AMENDMENTS: Amendment #1, offered by Representative Neugebauer (R-TX). This amendment would cap the amount that could go into the Affordable Housing Fund annually at $520 million. Amendment #16, offered by Representative Feeney (R-FL). This amendment would provide that, after 2007, all Affordable Housing Fund money would be used to fund HUDs voucher program. The amendment also strikes language for the Fund regarding deep income targeting. Amendment #25, offered by Representative Doolittle (R-CA). This amendment raids the Affordable Housing Fund Credit to: Military Officers Association of AmericaSenators Slam Disability Retirement Ratings, Tour ExtensionsOn April 11, the Senate Armed Services and Veterans Affairs Committees held a rare joint hearing Eagle Parks Pass Act The Veterans Eagle Parks Pass Act (S.617) would make the National Parks and Federal Recreational Lands Pass available at a discount (cost of $10) to any veteran who was separated from military service under conditions other than dishonorable, if the veteran provides proof of the status by presenting a DD214. National Parks and Federal Recreational Lands Passes issued under this Act would be valid for one year after the date of issuance. Compensation Package Boosts Benefits Military people would get a 3.5 percent pay raise January 2008, under a compensation package voted recently by the House armed services subcommittee on military personnel. In shaping the personnel section of the fiscal 2008 defense authorization bill, the subcommittee approved other initiatives too to please health care beneficiaries, surviving spouses and some disabled retirees forced from service short of 20 years by combat-related injuries. PTSD Testing The surge in the number of veterans suffering post-traumatic stress disorder requires development of better tests to evaluate affected personnel and determine how best to compensate them, a panel of medical experts said. Claims increased from 120,265 in 1999 to 215,871 in 2004 and payments jumped from $1.72 billion to $4.28 billion in the same period, a combined committee from the Institute of Medicine and National Research Council said. While the largest share of claims is still coming from Vietnam War veterans, there are expected to be many more claims in future from personnel who served in the first Gulf War and in the current conflicts in Iraq and Afghanistan, the panel said.The panel said the VA should base compensation decisions on how greatly PTSD affects all aspects of a veterans daily life, not just his or her ability to be gainfully employed. Government Relations Government Relations Directors Message Page 3 (Continued on page 21) By: Wayne Landon Cal-Diego PVA June 2007 As a veter an with a disability, there is a good chance that you rate a combination of VA Compensation, Pension, Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) entitlements. Understanding the various programs and how they affect each other can be overwhelming to many, especially when the danger of overpayment, reduction of benefits and changes in entitlement must be heeded. In the following, we will discuss each program and how they interrelate. VA Compensation & Social Security Disability Insurance (SSDI) A veteran receives VA Compensation for a service connected disability and will be entitled to receive Social Security Disability Insurance if that veteran earned enough work credits to qualify, the number of which changes each year. In 2005, a veteran earned one credit for each $920 of wages or self-employment income. Once he or she earned $3,680, a yearly maximum of four credits were earned for the year. Generally, a veteran needs 40 credits, 20 of which earned in the last 10 years ending with the year of disability. That said, HYPERLINK http://www.ssa.gov/dib- plan/dqualify3.htm younger disabled veterans may qualify with fewer credits. Neither VA compensation nor SSDI is based on income since recipients are paid to compensate for a loss. The amount of VA Compensation paid can vary depending on the disability rating which can be between 0% and 100%, while SSDI requires total disability. Recipients should be aware that VA Compensation and SSDI can be received simultaneously with any possibility of overpayment. Being that a claimant must have paid into social security for at least 5 years or earned enough credits before drawing the SSDI benefit, spouses who also function as a veterans caregiver should consider paying into the social security system as a paid attendant so that the care giving spouse will be entitled to SSDI in the event that the spouse becomes disabled. VA Pension & SSDI A wartime-period veteran will be entitled to VA Pension for a non-ser vice connected total disability not due to willful misconduct or after reaching age 65, and cannot wor k in either case . The same work-credits cri- teria for SSDI applies to veterans receiving pension, except in this case that same veterans SSDI based on work credits earned (a minimum of 20 needed to qualify) will affect his or her pension payments. For example, a veteran receiving VA Pension with a spouse and in receipt of Aid and Attendant can only make $1743 a month, which can consist of an SSDI payment of $1000 and a pension payment of $743. While many will agree that even a family of two will find it very difficult to live off of $1743, especially in San Diego, SSDI can be off- set by unreimbursed medical expenses (UMEs), such as monies paid for medicine, attendant care, mileage to medical appointments, etc. Medical expenses may be used to reduce other countable income for purposes of increasing pension benefits. To be deducted from income, unreimbursed medical expenses must exceed 5% of the VA Maximum Annual Pension Rate. The annual total of UMEs should be the same year to year to avoid pension reductions due to overpayments. Since VA Pension benefits are affected by income, it is this benefit where the potential for overpayment lies. VA Compensation/Pension & Supplemental Security Income (SSI) Supplemental Security Income is based on need and is affected by other sources of income. Generally, the more income you have, the less your SSI benefit will be. The SSI Federal Benefit limits are $603 for an individual and $904 for a married couple. For example, a single veteran who is rated at 30% disability receives $337 and will get an additional $266 in SSI for a maximum monthly income of $603. Since VA benefits are considered unearned income (any income you receive other than wages or earnings from selfemployment), if your VA Pension is over the SSI Federal Benefit limit, you cannot receive SSI benefits. In order to qualify for SSI, a veteran must be disabled or 65 and over, and have $2000 or less in countable resources if single or $3000 or less if married (not including home, and in some cases car, insurance, or personal property). Working through the Federal Entitlement
Maze Understanding Your Benefits By: Sherman Gillums, Jr. Page 4 Vice Presidents Message (Continued on page 20) Cal-Diego PVA June 2007 Page 5 Recently, I came across the article, Despite Fires and Deaths, that was published in the January/February 2007 issue of Beachcomber. The article refers extensively to Invacare Corporation of which I am the Chairman and CEO. I noted that the article was written by a personal injury lawyer who specializes in suing manufacturers. We believe that the authors personal interests should have been disclosed at the top of the article. More concerning, however, is that the article contains a number of statements that are misleading and false. Among other things, the lawyer refers extensively to a Cleveland Plain Dealer newspaper article, which was released on September 1, 2002, more than 4

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