California Association
Of
County Veterans Service Officers, Inc.
COMMUNICATOR
Volume 15 February 2004 Number 2
PRESIDENT'S MESSAGE
( Placer County CVSO Fred Murphy, President )
Let me begin with a thank you to Richard Turner for an outstanding year as our President. Hopefully the time
Richard spent preparing me will bear some fruit in the coming year. I would also like to thank Jeff Pealer for the usual
terrific job that he and Carol did hosting the winter conference in Sacramento. I would also like to congratulate the
newly elected officers of the association; 1st Vice President George Compton, 2nd Vice Mozart Booker, Sergeant-at-
arms Ken Lawson, and Executive Committee member Mike Murphy.
Response to my request to fill committee slots was excellent; all assignments are complete. I am asking each
committee chair to e-mail me within the next two weeks with goals for their respective committee for the coming year.
I look forward to increased cooperation between the association and C.D.V.A. I know that we have all heard that
statement before; but our reception by interim Secretary Tuttle has been more receptive than any time in recent
memory.
Lastly, I’d like to thank the membership for your confidence.
Legislative Committee Report
By Bill Reardon, Chairman (Solano CVSO)
I would like to begin this month’s report by thanking our Lobbyist, Pete Conaty, and his assistant, Dana Nichol for
their excellent work in setting up and moderating our Legislative Day at the Capitol during our recently concluded
conference. They did an excellent job in getting legislators to stop by and meet with us and to provide us with an
opportunity to let our state representatives know a little bit about what we do and the issues we feel are important to
veterans. Pete and Dana also set up 2 sessions for legislative staff to meet with a number of CVSOs to allow us to
give a more in depth presentation of the role the CVSO plays in the local community. Thanks Pete and Dana.
Below is a list of bills that have carried over from last year’s session and their current status. No new bills of interest
to the CACVSO have been introduced but the Committee will continue to monitor any new bills and provide
information as it becomes available.
CACVSO COMMUNICATOR
(Dennis Blessing, Editor; Carolyn Hebenstreich, Associate Editor)
TIME & PLACE COMMITTEE
(Nevada CVSO Art Davis, Chair) The COMMUNICATOR is the official publication of the California Asso-
C ciation of County Veterans Service Officers (CACVSO). Opinions ex-
A pressed are those of contributing writers and do not necessarily reflect
C 2004 MAY 10-14 Yreka opinions or policies of CACVSO officers, members, or the editorial
V OCT 4- 8 North Lake Tahoe staff. The newsletter reserves the right to edit, amend, or reject any con-
S 2005: JAN Sacramento tribution submitted for publication.
O MAY 16-20 San Bernardino
OCT Merced Editor's address: 5085 Bullion St. ( P.O. Box 774) Mariposa, CA 95338
TEL 209/966-3696 FAX-3293 email mariposaveterans@sierratel.com
N
A Circulation: Annual subscriptions for non-members are available at
C 2004: MAY 22-28 Rapid City, SD(Gen. Membership) $10.00 each. Requests for subscriptions and address changes may be
V 2005: JAN Padre Island, TX (Exec. Comm.) made to the COMMUNICATOR, attention Veterans Service Office, 1300
S 2005: JUNE Padre Island, TX (Gen.Membership So. Grand Ave., Bldg. B, Santa Ana, CA 92705.
O TEL 714/567-5082 FAX 714/567-7674 Website www.cacvso.org/
OUT OF THE NORM — ISSUE #67
( a feature of the Education Committee by Mr. Norm Gillett, CACVSO Training Consultant )
This month’s question was suggested by the Sonoma CVSO—
QUESTION: I have a veteran who joined the Reserves after being on active duty for several years. He went on a
period of active duty for training, which lasted about 120 days. About nine months later he was seen for urinary
problems and six months after that he was diagnosed as having bladder cancer, which was surgically treated. At the
time, he filed a claim for SC which was denied because “The surgery was more than one year after release from
active duty for training.” Unfortunately, the appeal period is past.
Cancer symptoms appeared within one year after he was released from active duty for training. Was the denial
correct? If so, what do I need to have the question looked at again?
ANSWER: On its face, the decision was correct but the reason was wrong. The proper reason for denial should
have been that the evidence of record did not show cancer during the period of active duty for training (ACDUTRA,
ADT, whatever).
The differences in the rules for regular active servicepersons and Reservists are often confusing. Cancer may be
presumed to be SC if it is manifest to a compensable degree within one year from separation or release from a period
of continuous active service of 90 days or longer. [38 CFR 3.307(a), 3.309(a)] Active service includes “...any period of
active duty for training during which the individual concerned was disabled or died from a disease or injury incurred or
aggravated in line of duty...” [38 CFR 3.6(a)]
That the cancer was treated more than one year after the veteran was released from ADT is irrelevant. What is
needed is to establish direct SC for some (any) condition incurred or aggravated during that period. This would make
the ADT active service as defined above, and allow for the one-year presumption for cancer. (Note that even though
this person is already a veteran, each period of Reserve service must still be established as active service before the
one-year presumptions would apply to it.)
I would recommend that you submit statements from your veteran’s doctor(s) as to the likelihood (not likely; as likely
as not; more likely than not) that the cancer was present, but nonsymptomatic and undetected, at the time he was
serving his ADT, based on how soon after that it became symptomatic and the degree of advancement found at
surgery. This would constitute new and material evidence to reopen the claim, and would permit direct (not
presumptive) SC for the cancer (and make the one-year issue moot).
Association Man
Association Man here:
Not long ago, on a dark and stormy day on a lonely Sacramento road, a notorious highwayman and his two
henchmen emerged from hiding at the sound of horses hoofs only to find themselves face to face with a mounted
cavalry unit. Not being a prudent man and having more courage than sense, the highwayman decided to make the
best of the situation and proceeded as follows:
Highwayman: "Halt! Throw down your arms and surrender to me and my men. Our terms are simple: Give us half
of everything you carry and you can go on your way."
Trooper: "Now why would we want to do that? Look closely, scoundrel: you're outnumbered, outgunned, and in a
very precarious position for one making such bold demands."
Highwayman: "Ha. Mere technicalities. We rob from the rich and give to the poor. Right and justice are on our side.
We will prevail. Up the revolution! Throw down your purses and leave at once or face the consequences."
Trooper: "Consequences? I hate to disillusion you, mate, but you do know you're all alone? Your two buddies
abandoned you about 30 seconds ago. Come on, now, be a good sport and put down your weapons and ride away
and I'll forget this unfortunate event ever happened."
Highwayman: "Words...nothing but fancy trooper words. You cannot sway me, sir, for I am not your average idiot.
Again I say: Surrender or prepare to defend yourself. I will begin counting, and should I reach "3" you will wish this
day had never come.....ONE"
Trooper: "Listen, buddy, you look hungry and tired. My scouts tell me you and your gang haven't mounted an
attack in weeks because your ammunition is gone, your merry men or whatever you call them can't move because
we've cut off all your escape routes, and your fellow thieves have been deserting the gang for months. I know you're
Continued on Page 3
2
Association Man, Continued from Page 2 your terms and will give you half of everything we
carry. Now will you finally stand aside and go home and
desperate but really, I think it's time you reconsidered. promise never to come this way again?"
There's certainly no shame at this point in backing Highwayman: "Why, sir, your gullibility...I mean,
away gracefully. Be reasonable and don't try my generosity and common sense...astound me. I never
patience further." thought you'd be so dumb..I mean so wise. Yes, of
Highwayman: "TWO." course, I accept, but I......"
Trooper: "Oh for crying out loud. Look at you; you Trooper: "Fine. Now scram, and never return or
don't even look like a proper highwayman. Your uniform speak of this to anyone."
is tattered, your shoes are worn thin, and your pistol is Highwayman: "...wish to add just one more teeny
made of wood. Come on, now. Night approaches and weeny request: throw in your clothes and your horses
I'm cold and tired of wasting my time. What'll it be?" too. That'll do it. Just those and you'll hear from us no
Highwayman: "THREE. So be it. Have at you, my more. I promise. For, as you know, right is on our side,
good man. Prepare to defend yourself!" and where there is right there is justice, and the people
Trooper: "Ok, fine. Whatever. I tried. You really are a will be served....yackety, yackety, yackety, yada, yada,
nut case, you know that, don't you. Stay here a minute yada, and so forth and so on, ad infinitum, ad
while I consult my staff on how best to deal with you. I nauseum."
can't believe I'm still talking to you. This whole thing is
absurd." "The secret of success is constancy to purpose."
Highwayman: "Oh, you can be sure I'm not going Benjamin Franklin
anywhere."
Later.... "No one can make you feel inferior without your
Trooper: "My staff confirms that we have you consent."
surrounded and you have no chance of escape, your Eleanor Roosevelt
gang is falling apart even as we speak, you have
no supplies, and your weapons are made out of wood Here's to you, Trooper Murphy. May the advice you
and plastic. For all practical purposes, the field is ours receive always be sound and your judgment unfailing
to do with as we wish. Having said that, we wish to be as you lead us through perilous times.
politically correct and keep the peace and not bring
undue embarrassment to the good citizens of this land
or their elected officials. So, against all wisdom and
good sense, but upon the advice of my staff, I agree to
Here is the URL for registration information for the 2004 California Inter-county Hepatitis C Task Force
Conference that you have been waiting for.
http://www.californiahcvtaskforce.org/index.html
POPE AIR FORCE BASE, N.C. - The first wave of returning 82nd Airborne Division soldiers
arrived home Monday after nearly a year in Iraq, where they battled during the war and
then worked to maintain order in its aftermath.
3
California Association of County Veterans Service Officers
2004 Legislative Year
Legislative Committee Status Report
2/2/04
AB 207 - Would make it a crime to commit an act of vandalism to a
Maze veterans’ memorial, monument or cemetery.
Status: 6/10/03: Failed Passage in SEN Public Safety Committee.
Assn Position: Await Further Study.
AB 214 - Allows a Tax Return check-off to go to a Veterans Quality of
Mountjoy Life Fund in support of the veterans homes.
Status: 8/18/03: Placed on SEN Appropriations Suspense File.
Assn Position: Support.
AB 279 - Will allow surviving spouse of Purple Heart license plate
Cohn holders to retain plates after death of veteran.
Status: 1/29/04: In SEN.
Assn Position: Support.
AB 323 - Adds additional language to the definition of a disabled
Parra veterans business enterprises.
Status: 1/23/04: Enrolled and to Governor.
Assn Position: Support.
AB 505 - This bill would add the requirement for the IG for the Dept
Wiggins of Veterans Affairs to submit copies of the annual report to the Senate and Assembly
Veterans Affairs Committees.
Status: Set for hearing in ASM Committee on VA on 4/29/03. Hearing cancelled.
Assn Position: Support.
AB 683 - Would establish a Governor’s Commission on State Veterans
Plescia Cemeteries.
Status: 5/29/03: ASM Appropriations Suspense File.
Continued on Page 5
NOTICE FROM THE EDITOR
Contributors to the newsletter should send their contributions in a “Word” format to my e-mail
mariposaveterans@sti.net . This should be done before the end of each month and I will attempt to e-mail the
newsletter by the 5th of every month.
The newsletter will be sent in a Portable Document Format (PDF). To read the document you will need the free
PDF reader, if not already installed on your computer, can be downloaded at: http://www.adobe.com/products/
acrobat/readstep2.html then follow the instructions.
Editor, Dennis Blessing
4
Assn Position: Support
AB 1073 - Would exclude from income tax all of the death gratuity
Dutton/Parra income paid to survivors of deceased members of the Armed Forces.
Status: 1/21/04: Passed ASM Appropriations. To Consent Calendar.
Assn Position:
AB 1148 - Would expand the definition of “disabled veteran” for DMV
Wyland purposes. Amendment of 6/2/03 excludes vets rated with IU from receiving vehicle
registration exemption.
Status: Set for hearing in SEN Appropriations on 8/29/03. Held under submission.
Assn Position: Support.
AB 1179 - Protection of DD 214
Parra
Status: 1/22/04: Chaptered by Secretary of State.
Assn Position: Support.
AB 1591 - Would restore the proposed $470,000 reduction in CVSO
ASM VA Subvention funding.
Status: 5/29/03: ASM Appropriations Suspense File
Assn Position: Active Support.
AB 1592 - Would specify the Department of General Services as the
ASM VA administrating agency for the DVBE program.
Status: 1/21/04: Passed ASM Appropriations. To Consent Calendar.
Assn Position:
AB 1698 - Would appropriate $200,000 from the General Fund for
ASM VA the American Battle Monuments Commission for construction of the American Veterans
Disabled for Life Memorial.
Status: 5/29/03: ASM Appropriations Suspense File
Assn Position: Await Further Study
AB 1736 - Allows CDVA to use state funds to equip, design and contruct
ASM VA various veterans homes in anticipation of federal matching funds.
Status: 9/5/03: Pending ASM concurrence in SEN amendments.
SENATE BILLS
SB 368 - Deals with Cal-Vet life and disability insurance.
Knight
Status: 3/6/03: To SEN Committee on Rules
Continued on Page 6
5
Assn Position: Await Further Study
SB 369 - Would transfer administration of the Veterans’ Homes from
Knight CDVA to the Department of Health Services
Status: Set for hearing in SEN VA on 4/22/03.
Assn Position: Oppose
SB 371 - Would eliminate the 1 year residency requirement in respect to
Hollingsworth tuition and fees for graduate students who are children of vets
Status: Set for hearing in SEN Education Committee on 4/30/03. Placed on suspense file.
Assn Position: Await Further Study
SB 385 - Deals with Cal-Vet life and disability insurance.
Morrow
Status: 5/22/03: To ASM Committee on VA.
Assn Position: Await Further Study
SB 561 - Would place administration of Cal-Vet Home Loan
Knight Program under the Calif. Housing & Finance Authority.
Status: 4/22/03: Amended to remove provisions regarding placing Veterans’ Homes under Dept
of Health Services. Set for hearing SEN Committee on Housing and Community
Development on 4/28/03. Hearing postponed.
Assn Position: No Position
SB 764 - Would increase the disabled veterans property tax exemptions
Morrow based on inflationary adjustments.
Status: 1/29/04: In ASM.
Assn Position: Support
SB 838 - Would appropriate $485,000 from the Veterans’ Home Fund
Knight for allocation to the California Veterans’ Home Project Team.
Status: 9/8/03: Placed on ASM Inactive File.
Assn Position: Support
SB 948 - This bill would exclude from taxation the income of a spouse
Morrow of a member of the Armed Forces killed in combat or by terrorist activities for 3 years
following the death.
Status: Set for hearing in SEN Revenue & Taxation Committee on 4/30/03.
Assn Position: Support
SB 1028 - Would provide protection for recording DD 214s.
Ashburn
Status: 3/13/03: To SEN Committees on VA and Judiciary.
Assn Position: Support
6
Five-second fuses only last minesweeper ... once." -
Useful Military three seconds." - Infantry Anon
Journal
Warnings "Never tell the Platoon
"Bravery is being the only Sergeant you have nothing
"Aim towards the Enemy." - one who knows you're to do." - Unknown Army
Instruction printed on US afraid." - Col. David Recruit
Rocket Launcher Hackworth
"Don't draw fire; it irritates
"When the pin is pulled, Mr. "If your attack is going too the people around you." -
Grenade is not our friend." - well, you're probably Your Buddies
U.S. Army walking into an ambush." -
Infantry Journal (And lastly)
"Cluster bombing from B-
52s is very, very accurate. "No combat-ready unit has
The bombs are guaranteed "If you see a bomb
ever passed inspection." -
to always hit the ground." - technician running, try to
Joe Gay
U.S.A.F.Ammo Troop keep up with him." -- U.S.A.
Ammo Troop
"Any ship can be a
"If the enemy is in range, so
are you." - Infantry Journal
"A slipping gear could let Calendar Dates of Interest
your M203 grenade
launcher fire when you February 2004
least expect it. That would
make you quite unpopular 12 Lincoln’s Birthday
in what's left of your unit." - 14 Valentine’s Day
Army's magazine of 16 Presidents’ Day
preventive maintenance. 22 Washington’s Birthday
25 Ash Wednesday
"It is generally inadvisable
to eject directly over the March 2004
area you just bombed." - U.
S. Air Force Manual 17 St. Patrick's Day
"Try to look unimportant;
they may be low on
ammo." - Infantry Journal
"Tracers work both ways." -
U.S. Army Ordnance