Military Officer - August 2007 - (Page 40)

washingtonscene mended overhauling the VA disability ratings and compensation schedule, parts of which haven’t been updated since the creation of the system at the end of World War II. The IOM said in some cases new understanding of medical conditions and their effects on the human body has not been taken into account. The group also said that new conditions like traumatic brain injury are calling into question the adequacy of the current rating system to recognize and compensate for new injuries. The bottom line of the IOM report was that the current rating system is “out of sync with modern medicine and modern concepts of disability.” Key recommendations of the IOM panel included: ■ VA and DoD should consider comprehensive medical and vocational evaluations of newly separated personnel; ■ VA rating boards should have access to medical experts who can help interpret new medical evidence; ■ the VA should take into account the effect an injury has on a veteran’s quality of life and ability to engage in usual life activities, not just earning capacity; ■ the VA should establish a regular process for updating the rating schedule; ■ better vocational determinations should be used for the award of individual unemployability (IU); ■ eligibility for IU should be based on an individual’s disabilities along with education, employment history, and the effects of age on potential employability; and ■ the VA should implement a gradual reduction in IU compensation for those able to return to gainful employment, rather than abruptly terminating payments at an arbitrary level of earnings. ON THE WEB ■ For the IOM’s full report, please visit www .nationalacademies.org/morenews/20070607.html. 40 Former Spouse Lawsuit Rejected Supreme Court refuses appeal in USFSPA case. O n June 18, the justices of the U.S. Supreme Court denied the Uniformed Services Former Spouse Protection Act (USFSPA) Litigation Support Group’s (ULSG) petition to review the constitutionality of the USFSPA. In February the ULSG, representing more than four dozen divorced retirees, petitioned the U.S. Supreme Court to overturn a lower court’s earlier dismissal of the suit. The June decision put an end to the ULSG’s repeal effort through the court system. The Supreme Court judgment mirrors a long line of previous decisions that have upheld Congress’ right to legislate changes in military beneﬁts. In the past, various groups have sued the government over laws that changed military retired pay adjustment methodology, deducted VA disability compensation from military retired pay, reduced Survivor Beneﬁt Plan (SBP) annuities, and charged military retirees fees for medical care. In each of those cases, the Supreme Court ultimately ruled (or refused to overturn a lower court ruling) that Congress was fully within its authority to legislate the changes. If there are inequities in the laws, the court consistently has ruled the way to resolve those inequities is by further legislative action. In this vein, MOAA intends to continue its longstanding efforts to seek legislative corrections to the many inequities inherent in the current USFSPA statutes. MILITARY OFFICER AUGUST 2007 http://www.nationalacademies.org/morenews/20070607.html http://www.nationalacademies.org/morenews/20070607.html

Table of Contents Feed for the Digital Edition of Military Officer - August 2007

Military Officer - August 2007 Contents From the Editor From the President Your Views MOAA Directory Rapid Fire Washington Scene Financial Forum Ask the Doctor Chapter Activities Cover Story: No Longer in Reserve A Different Path Weird Science Charge? Pages of History Faces of MOAA Member Books Information Exchange Advertising Index MOAA Calendar MOAA Scholarship Donors Sounding Taps MOAA Member Services Encore

Military Officer - August 2007

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