June 2016 #154 - American Legion Post 96

AMERICAN LEGION
POST 96
PO Box 7096
Surprise, Arizona 85374-0101
Newsletter No. 154
azalpost96.com
Commander:
Nancie Scalercio
Sr. Vice Commander: Andy LaCour
Jr. Vice Commander: Mike Elliot
Finance Officer:
Tony Abate
Adjutant:
Jim Aiello
Executive Committee:
Nancie Scalercio, Andy LaCour, Mike Elliot
Tony Abate, George Van de Langeryt
623-826-3488
623-910-1503
623-533-4377
623-214-5613
623-546-4675
Post Officers
Chaplain:
Sergeant-At-Arms:
Judge Advocate:
Service Officer:
Membership:
Photographer:
Newsletter:
Past Commander:
June 2016
Bob Van Allen
Jerry Pontius
George Van de Langeryt
John Murbach
Ed Foerster
Dave Willis
George Van de Langeryt
George Van de Langeryt
602-402-7067
623-544-4688
623-547-6668
623-975-1522
623-628-7662
gvan8888@aol.com
623-547-6668
The Surprise Post 96 Newsletter is the official publication of the Post.
**************************************************************************************************************************************
IMPORTANT NOTICE!
Next Post 96 Business Meeting June 16 at 1900
Meetings held in the Arizona Traditions Classroom.
Social Hour starting at 1800 and the business meeting starts at 1900.
17221 N Citrus Rd., Surprise 85374
Next American Legion Riders Meeting Saturday June 11 at 1800
Sands Chevrolet Surprise Conference Room
Next Post 96 Officers meeting on Wednesday June 1 - 1630 at Surprise Funeral Care on Bell Road
New officers for the 2016-2017 Legion Year
Commander: Nancie Scalercio
Senior Vice Commander: Andy LaCour
Junior Vice Commander: Mike Elliot
Finance Officer: Tony Abate
Memorial Day Events
Post 96 is involved with three events this coming weekend. On Saturday May 28 at 0900, Post 96
and the Marine Corps League will have a ceremony and wreath lying, by the Commander and
Commandant, at the WWII Memorial by the lake in Surprise, next to the library. All legion members
are invited to attend. Please wear your cover and shirt. Past Commander George Van de Langeryt
is the MC and Larry Brown is the Guest Speaker.
On Monday May 30 at 0900, Post 96 will participate in the North West Valley Veterans Association
ceremony at Sunland Memorial Park in Sun City, 15826 N Del Webb Blvd. Sun City. Please wear
your cover. Complimentary luncheon will be served following the ceremony. Our Riders will attend.
On Monday May 30 at 1500, the Surprise Veterans will host the 5th Annual Memorial Day Ceremony
at Radiant Church. Dennis Grau will be the guest speaker. The Post 96 Commander and the Marine
Corps League Commandant will lay a wreath. Please wear your cover and shirt. A BBQ lunch
prepared by the Links will be available for reasonable price before the event. Our Riders will attend.
Please attend these events; we want to outnumber the Marines!
Let’s see lots of blue covers!!!
COMMANDERS CORNER
Thank you for your vote of confidence, electing
me as your Commander!
I am proud to serve with the Elected and
Appointed Officers, and honored to serve YOU,
the members of AML Post 96, and AML Riders
Chapter 96.
Semper Fi!
George Van de Langeryt, Judge Advocate
Past Commander
FROM THE ADJUTANT
Our Adjutant is off to Utah for the summer. May
he rest in peace and get ready for the fall. Have a
safe trip Jim!
Moving forward, I give you my word that we will
listen to your ideas and suggestions, and please
know, your participation is much needed, more
than ever, to accomplish the goals set before us.
Semper Fi!
Jim Aiello, Adjutant
Our next meeting will be on Thursday, June 16,
2016. It will be in the Neighborhood Center, at
Arizona Traditions, at 1900. I hope to see more of
you coming out for meetings!
The Power of God. God created the universe, He
created it out of nothing. He created it by
speaking it into existence, by speaking it into
existence in full maturity. He created it in six
days. Six days to set the pattern of life for us. He
not only created the universe, He upholds it,
sustains it, and keeps it together. He did all this,
so He can handle any moment we are facing.
Thank you for your continued support!
For God and Country,
Nancie Scalercio, Commander.
FROM THE SR VICE COMMANDER
No report!
Andy LaCour, Sr. Vice Commander
FROM THE JR VICE COMMANDER
I would like to thank everyone for the vote of
confidence. I have plenty of respect for all those
that have served in this position before me. And,
to the members of our post. There are upcoming
events I would like to mention: On Memorial Day,
May 30, at 0900 a Wreath Laying Ceremony will
take place at the WWII Memorial located by the
Regional Library 16089 N. Bullard Ave. This is
followed by the a Memorial Service at Sunland
Memorial Park, 15826 N Del Webb Blvd. Sun
City 85351 at 0900. AL Riders is doing their
annual spaghetti feed on October 29, more
information to come later.
Thank you,
Mike Elliot, Jr. Vice Commander
FROM THE JUDGE ADVOCATE
The new Post 96 By-Laws and Constitution have
been submitted to Dept for approval.
At the May 19 meeting, Joe Dimeco won the
Membership Drawing. Unfortunately, Joe was not
present to win a year’s dues FREE. It pays to
attend meetings. The Sgt@Arms had a table full
of prizes to win. Come to a meeting and win a
prize, just a buck a ticket.
FROM THE CHAPLAIN
God bless. Chaplain Bob Van Allen
FROM THE MEMBERSHIP CHAIRMAN
As of May 21, our Post was at 102.63%. We sent
in four additional membership transmittals to raise
that. Unfortunately, we still have 12 members
who have NOT paid their 2016 dues.
The 2017 dues become due right after the National
Convention in June. National Headquarters will
start mailing out dues notices starting in July.
PLEASE, look at your card, if it reads 2016 you
need to renew. Mail a check for $40.00 to
American Legion Post 96, PO Box 7096, Surprise,
AZ 85374. Mark it ATTN: Membership.
A great Big Thank You goes out to all the members
who pay their dues on time.
Have you moved, changed your phone number
or email address? If so, PLEASE call Ed
Foerster,
602-881-0233
or
email
at
foerster20404@cox.net. Ed will change the Post
roster, Department and National records, so that
you will continue to get your Legion Magazine
and the Post Newsletter mailed to your proper
address.
Post 96 meets the third Thursday every month,
including July and August. All are welcome.
Thank You,
Ed Foerster, Membership Chairman
Surprise Post 96 June Newsletter
FROM THE AMERICAN LEGION RIDERS
of different Posts you are welcome to join
us.
Our First Annual Honor Ride Dice Run was
Saturday May 7. We raised $1200 that goes to
The Honor House; they help transition Wounded
Veterans from the military back to civilian life. It
turned out to be a great day. After the weather
scared us a little on Friday night, it turned out to
be perfect weather for a ride. There were 84 riders
who participated. All of the stops were great
hosts. Thank you Nick’s Diner II, American
Legion Post 12 in Wickenburg, Waddell’s
Longhorn, American Legion Post 61 in Avondale,
American Legion Post 62 in Peoria and our final
stop at Lucie’s Sage and Sand.
2. Must own a motorcycle of at least 500cc in
size or be the legal spouse or significant
other of an owner who is an ALR Local
Chapter member. Significant Other - a
person, not necessarily a spouse, with
whom the member cohabits and shares a
long-term relationship.
a. Members must not at any time hold
membership in more than one Postlevel Chapter of the ALR. This is
in keeping with the constitution and
structure of the American Legion
and its family of organizations.
Any member found to be in
violation must immediately select
their home Chapter and relinquish
membership in any others upon
discovery. Any member refusing
to relinquish membership shall be
expelled from the discovering
Chapter. Such expulsion does not
preclude
the
member
from
remaining at any other Chapter at
which they hold membership.
There were seven vendors present. We had lots of
prizes that were raffled and some were not picked
up. We will use those for raffles at future events.
The Low Dice Roll was a $100 prize but I don’t
know the name of the winner. The High Dice Roll
was a $200 prize and was won by Jaqueline
Counts. She donated the $200 back to Honor
House. The 50/50 prize of $171 was won by
Wendy Sylvia who donated it back to Honor
House. American legion Riders Post 61 made a
$75 donation.
The band Sylence put on a great show and they
donated their time. They only charged a little
more than the sound system charge.
Thank you to everyone who showed up. We
always welcome All Post members to participate
in any event we have. I. Come out and meet our
ALR members and see the way we raise funds for
charities. Our events are not only open to
Motorcycles, but to cars and trucks. They are
normally open to anyone, not just Legion
members. We are always looking for new
members for the American Legion Riders. The
following are requirements to become a member:
b. Every member shall furnish the
Chapter Secretary with a valid
email or postal mailing address.
The Riders meet the second Saturday at 1800
every month at Sands Chevrolet. Next meeting is
Saturday, June 11. We will present the check to
Honor House from our 1st Annual Honor Ride.
We always welcome guests. We meet in the
conference room located in the southwest corner
of the dealership. If you are interested in
becoming a member, or know of someone who
would like to join us, come to our meeting. At
this time, we have 15 members hoping to grow to
a minimum of 25 by next year. There is no limit
to the number of members that we can have. The
meeting room can hold 100 so let’s fill it up!
There are two requirements for regular
membership and you must meet both
1. A current member of the Legion family:
American Legion, Auxiliary or Sons of the
American Legion. You can be a member
of a different Post that does not have an
ALR group. Post 96 does not have an
Auxiliary or a Sons of American Legion
Chapter at this time, so if you are members
Thank you,
Ray (Red) Hixon, President, ALR Chapter 96
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Surprise Post 96 June Newsletter
SICK CALL
MARK YOUR CALENDAR!
Saturday May 28 – 0900 Remembrance
Ceremony at the WWII Memorial by the Surprise
library. The Detachment and Legion Post 96 will
lay a wreath. George Van de Langeryt is the MC
and Larry Brown is guest speaker. Wear your
cover and shirt.
Monday May 30: Memorial Day – Say a prayer
for those men and woman who gave all for our
country.
0900 - NWVVA Memorial Day Ceremony
at Sunland Memorial Park. Arrive early
for best parking. Followed by a free
luncheon.
Bill Lipscomb had neck surgery on May 9 and is
recuperating and in rehab, at The Center at
Arrowhead (centeratarrowhead.com) located just
north of the mall. Take 73rd Ave. north of Bell
Rd, then turn East on 7201 W Camino San Xavier
Ave.
1500 – Surprise Veterans 5th Annual
Memorial Day Ceremony at Radiant
Church. Grounds open at 1330, doors
open at 1400. Dennis Grau is guest
speaker. Links will offer BBQ lunch.
Come early to see all the goodies.
His room number is 316, take elevator to 3rd floor
and look for 316. Room phone is 623-776-2576.
Bill would love to hear from his friends.
Wednesday June 1 – Senior Day at Fry’s and
Albertsons. 10% discount on your groceries.
Wednesday June 1 – 1600 Post 96 Officers
Meeting at Surprise Funeral Care.
Finance Officer Tony Abate had knee surgery on
May 9. He is recovering and was able to attend
the May 19 meeting.
Thursday June 2 – 1800 White Tank Mountain
Detachment Officers meeting at Happy Trails
NC1
We have a report from Commander Terry Weeks
of Post 20 in Greenwood SC. One of Post 30
members is in town recuperating at Santé of
Surprise Rehabilitation Center. Joe Lacey, a
Vietnam Veteran, will be here for a few more
weeks. His room is 153 at 14775 W Yorkshire
Dr., Surprise. Please stop past and say hi. He has
no family or friends in Surprise. Joe is a Legion
Comrade and you are his friend! Call at 623-3779698.
Saturday June 4 – 40&8 meeting at Post 12 in
Wickenburg 1000. Pulled pork lunch for $5
served from 1130 unto 1530. All are welcome to
join us for a great lunch!
Tuesday June 7 – 0900 Veterans Memorial Hall
Meeting. Surprise Ford Conference room
Thursday June 9 – 1700 Happy Hour and Diner.
White Tank Mtn Detachment, Marine Corps
League Business meeting 1800 at Links
Restaurant in Sun Village.
If you, or your spouse, or anyone else in your family is
ill, WE WANT TO KNOW ABOUT IT. PLEASE,
call ANY Officer listed on the front of the newsletter.
That’s what it’s there for, if you don’t tell us we won’t
know. Please let us know of any death so that we may
notify our members and pay our respects. Many times,
there is a 6 to 12 month delay before we find out of
illness or death.
Saturday June 11 – 1800 American Legion
Riders Chapter 96 meeting - Sands Chevrolet
Conference room.
Tuesday June 14 – FLAG DAY! – Fly the flag
with pride!
Thank you,
Ed Foerster, Membership Chairman
Tuesday June 14 – Birthday of the United States
Army - June 14, 1775.
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Surprise Post 96 June Newsletter
Thursday June 16 – 1800 American Legion Post
96 Legion meeting at Arizona Traditions. Happy
hour followed by meeting at 1900. Installation of
New Officers at Neighborhood Center.
Big thanks to Sgt@Arms Jerry Pontius for selling
so many tickets. He sold the winner ticket and
three of the gun case winners.
News District 11 Commander Ken King won a
case but he donated it back to the Post. Thanks
Ken!
Saturday June 18 – 0900 NWWVA meeting at
Sunland Memorial Park, 15826 Del Webb Blvd.,
Sun City.
Sunday Morning Military Breakfast
Sunday June 19 – Father’s Day – Say a prayer
for your Dad!
It started on Sunday June 21, 2015 by Navy veteran
Marty Schwab and will be every third Sunday from
now on. Veterans have been meeting at the Links
Restaurant in the back room for breakfast, starting at
1000. As you may know, the restaurant will no longer
be operated by Gabe Rivas as the Links Neighborhood
Grill. The new owners are the Royal Café in Sun City.
The new name will be Grand Central Eatery, and it will
have a railroad theme. They will be closed for a few
weeks for some remodeling and will reopen on June 1.
Sunday June 19 – 1000 – Military Breakfast at
Grand Central Eatery. Join fellow veterans for
chow.
Friday October 28 - Unified Arizona Veterans
Annual Arizona Veterans Hall of Fame Induction
Ceremony. Held at the Doubletree by Hilton
Paradise Valley, Scottsdale, 5401 N Scottsdale Rd
Scottsdale, AZ 85250
All veterans, spouses, kids and guests are welcome.
This is an informal gathering, not a meeting; there is no
agenda, no minutes and no officers. We are getting
together as veterans to enjoy each other’s company.
Just bring your stories, jokes and smiles. Casual attire,
please be comfortable. Join us for the great food at the
Grand Central Eatery, 17300 N Sun Village Parkway,
Surprise, this is inside the Sun Village Community.
Tell the gate guard you are going to the restaurant and
he will give you a pass.
FROM THE EDITOR
All Post 96 members are invited to submit articles of
interest to our membership. Photos included must
identify all persons shown. PLEASE, get articles to
me by the 20th of the month.
Next Military Breakfast is June 19 on Father’s Day.
Come join us!
If you would like to be added to our email distribution
list, please contact me with your email address.
George Van de Langeryt
Past Commander & Newsletter Editor
gvan8888@aol.com
Gun Safe Raffle Winners at the Dice Run
The gun safe was won by Dawn Conners who
lives in Happy Trails. Ticket was sold by Master
Salesman Jerry Pontius.
May 15 Military Breakfast, the last at the Links
Restaurant. L-R - George & Karen Van de
Langeryt, Vinny & Peg Borrelo, Bobbie and Marty
Schwab, Dennis and Luann Tracy, Sam, Irwin,
Gabe and Joe Urshan.
The gun cases were won by:
Larry Brown
Roy Burris
Ken King (who donated the case back)
Jim Mehuring
Tae, Jhante Lopez
Larry Brown (yeah, he won two!)
Council cuts plan for food tax to pay for new
FY17 public safety positions; recommends
new funding option
Surprise, AZ (May 5, 2016) The Surprise City Council
has opted for a new funding mechanism that would
5
Surprise Post 96 June Newsletter
allow the city to add 22 full-time public safety
personnel in Fiscal Year 2017, without creating a food
tax.
At the April 19 City Council Meeting, City Manager
Bob Wingenroth presented a $298.6 million Fiscal
Year 2017 Recommended Budget, and on May 4th
Council approved a $306.8 million FY2017 Tentative
Budget, that support City Council’s Strategic Goal of
maintaining a safe community by adding more than 20
public safety personnel.
The positions would have been financed through a
combination of a reduction in the city’s sales tax base
from 2.20% to 2.12%, and the addition of a 2.12%
food tax to generate an estimated $2.4 million.
Following public input, Council asked for additional
funding options that excluded a food tax. Tuesday
night, on a 4-3 vote, Council approved a funding
formula that eliminates the $1 million Council
Contingency; utilizes $500,000 in annual budgeted
salary savings; opts to not add an Emergency
Operations Manager position in FY17; and includes an
8.7% property tax increase to pay for the following
positions:
Be sure to support the businesses that are
terribly affected by the Bell Road Closure.
Keep your tax money in Surprise!
Shop Surprise offers daily deals,
discounts for shoppers
Police: 13 | Fire-Medical: 7 | Court: 1 | City
Attorney: 1
The City of Surprise, Surprise Regional Chamber of
Commerce, and local businesses have partnered to give
you even more reasons to Shop Surprise during the
Bell Road closure. Launching ahead of schedule, the
Bell & Grand Shop Surprise campaign is helping to
promote businesses in the Bell Road construction area
by offering daily deals for shoppers so they continue to
spend money in their hometown.
The property tax increase on a $200,000 home would
result in an annual increase of $13, or $1.08 per month.
This budget also dedicates $55.2 million for capital
improvements to preserve and/or replace aging
infrastructure, such as increasing funding for the
Pavement Preservation Program to $4.5 million.
Investments in communications, facility, information
technology, recreation and utility infrastructure amount
to $6.8 million. And $10.5 million will support
replacing aging vehicles to enhance service and lower
maintenance costs.
Businesses on all sides of the Bell Road and Grand
Avenue intersection are open and have created
incentives so that you bypass construction and Shop
Surprise!
Daily deals are available now and opting-in for deals is
simple. There are multiple ways for you to participate;
just pick the one, or two, that are right for you:
Beginning in November, the city will assume
responsibility for billing the water, wastewater and
sanitation utilities. By removing these operations from
a third-party vendor, the city will be able to provide
more efficient operations and provide an improved
customer experience. This service will result in an
additional 11 positions. The ongoing utility billing
budget of $1.7 million that had been paid to the thirdparty vendor will remain the same once the city
transitions to the billing responsibilities.
Council is scheduled to formally adopt the FY2017
budget at their June 7 meeting and the property tax rate
on June 21. Both meetings begin at 6 p.m., are open to
the public at City Hall and available online at
www.surpriseaz.gov/surprise11.
•
Visit shopsurpriseaz.com to view the daily
deals online;
•
Text ‘Shop Surprise’ (one word) to 40518 to
have daily deals sent to your phone;
•
Like the Shop Surprise, Arizona Facebook
page and have the deals appear in your
timeline; or
•
Follow @ShopSurpriseAZ on Twitter to have
deals tweeted to you daily.
A Construction Business Access Map is also available
online to help you find the best ways to enter the
6
Surprise Post 96 June Newsletter
shopping, dining and service centers to claim your
deals.
provides flexibility while the contractor’s designers
work side-by-side with the construction team to deliver
an improved connection between the two roadways.
The project is scheduled to be completed over the next
14 months (in spring 2017).
The Bell & Grand Shop Surprise daily deals are only
available during the Bell Road full closure. The
Chamber will consider a more comprehensive,
citywide campaign in the future.
In order to reduce the project’s length and lessen the
overall impacts of construction, ADOT has worked
with the city of Surprise and local businesses to
schedule a full closure of Bell Road near Grand
Avenue. The full closure will allow Bell Road to be
reconstructed as an overpass traveling over Grand
Avenue and the parallel railroad tracks, providing a
significant improvement for traffic flow.
For more information about the Bell & Grand Shop
Surprise campaign, contact the Surprise Regional
Chamber of Commerce at 623-583-0692. To learn
more about the Bell Road and Grand Avenue
Interchange project, visit surpriseaz.gov/bellandgrand.
US 60 (Grand Avenue) and Bell Road
weekly project update
The Grand Avenue/Bell Road Interchange project is
part of the Maricopa Association of Governments’
Regional Transportation Plan approved by county
voters in 2004. Funding sources include a county halfcent sales tax for transportation projects and the MAG
region’s share of federal highway funds.
Surprise, AZ (May 20, 2016) The Arizona Department
of Transportation (ADOT) has issued a project update
for the Grand Avenue/Bell Road Interchange Project,
which includes upcoming traffic restrictions and a
schedule of on-site activities for the week of May 23.
For more information or if you have questions call
ADOT’s project hotline: 855-712-8530 press option #1
Allow plenty of time and observe all traffic control
signs and barricades. The project team appreciates
your continued patience. If you have questions or
concerns, please call the project hotline at (855) 7128530 and press option #1, or send an email to
bellandgrandinfo@azdot.gov.
Project email: bellandgrandinfo@azdot.gov
Project website: www.azdot.gov/bellandgrand Media
inquiries: (800) 949-8057; email: news@azdot.gov
For more information about retail shopping and
services in Surprise please see:
Shop Surprise on Facebook:
https://www.facebook.com/ShopSurpriseArizona/
Surprise Regional Chamber of Commerce:
http://www.surpriseregionalchamber.com/
Bell Road closure detour route is from Bell Road to
Dysart to Greenway to Litchfield roads.
Current Activities
View the weekly construction photos and additional
information on the project website.
Work continues Monday through Saturday to:





Traffic switch on Bell Road between 134th
Drive and Dysart Road. Traffic will travel
on the south side of Bell Road.
Complete sewer main on Bell Road east of
134th Drive.
Prepare to pave and form the curb and
gutters to build the east side of Grand
Avenue.
Continue to build the bridge columns and
support beams on the east and west side of
Grand Avenue.
Relocate and install utilities at Bell Road
and Grand Avenue.
On May 18, Post 96 did our flag retirement
duty at Sunland Memorial Park in Sun City. As
a member of the North West Valley Veterans
Association, we are scheduled to this duty a
few times a year. Above are Commander
Nancie, Adjutant Jim, JA George, and
Sgt@Arms Jerry.
If you have unserviceable American flags
please bring them to the Post meeting.
**City, County, and State law enforcement will be
patrolling the area. Please obey all traffic signage and
posted speed limits. **
Project Overview
The Grand Avenue/Bell Road Interchange Project is
using the design-build contracting method, which
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Surprise Post 96 June Newsletter
Court Rules That VA Has Shortchanged
Veterans Since 2009 by Denying
Reimbursement
Act to confirm the congressional intent to require the
VA Secretary to step in as a “secondary payer” where
other health care insurers, such as Medicare, cover
only a portion of the cost of a veteran’s emergency
treatment.
US Court of Appeals for Veterans Claims
Agrees with National Veterans Legal Services
Program Argument That VA Failed to Revise
Its Reimbursement Regulations to Comply
with 2009 Congressional Mandate
Even after Congress clarified its intent in 2009, the VA
refused to change its regulation to make it consistent
with what Congress said. VA continued to deny
requests for reimbursement from veterans for
emergency medical expenses, if they had other
insurance that covered a portion of the medical bill.
Oddly, the VA did pay emergency medical expense
claims for veterans who had no insurance.
WASHINGTON – A unanimous three-judge panel of
the U.S. Court of Appeals for Veterans Claims struck
down a Department of Veterans Affairs (VA)
regulation that VA had been relying upon since 2009 to
deny reimbursement requests from veterans who
incurred emergency medical care costs outside the VA
healthcare system. The Court’s decision rebuked the
VA, emphasizing that VA’s reimbursement regulation
became “wholly inconsistent” with the governing
statute when Congress amended it in 2009, but
thereafter the VA unlawfully “declined to remedy this
inconsistency.”
Plaintiff Richard W. Staab is an Air Force veteran who
served honorably from November 1952 to November
1956. His case is typical of many of the denied claims.
In December 2010, Staab suffered a heart attack that
was followed by a stroke. He received cardiovascular
treatment, open-heart surgery, and rehabilitative care
from December 27, 2010, through December 31, 2011.
He incurred expenses of $48,000.
The case, Richard W. Staab v. Robert A. McDonald,
was brought by the National Veterans Legal Services
Program (NVLSP) on behalf of an Air Force veteran
who had a heart attack in 2010 and was rushed to a
non-VA hospital, where he underwent open-heart
surgery and incurred approximately $48,000 in
emergency medical expenses. Medicare covered a
portion of this medical bill, and the veteran sought VA
reimbursement for the portion of the medical expenses
not covered by Medicare.
Staab’s request for reimbursement of $48,000 was
denied by the VA Medical Center in St. Cloud, Minn.
because he had partial insurance coverage through
Medicare. The veteran filed a Notice of Disagreement
in May 2012. He said that he was incapacitated due to
his heart attack and stroke and was unable to secure
pre-authorization for non-VA treatment, and neither he
nor his family were advised to seek pre-approval.
His case then went through a variety of appeals and
made it to the Court of Appeals for Veterans Claims.
Friday’s court win remanded Staab’s case back to the
Board of Veterans Appeals to decide Mr. Staab’s claim
under the correct criteria.
“This is a major win for veterans, and their families,”
said Bart Stichman, joint executive director of NVLSP
and one of the attorneys in the case. “Often veterans
have to seek emergency medical care outside the VA
healthcare system, and for years the VA has refused to
reimburse these veterans for any of the expenses
incurred simply because secondary insurance covered a
portion of the medical bill. This practice has violated
federal law since at least 2009. The court’s ruling
means the VA will have to amend the unlawful
regulations it should have amended in 2009 and do
right by these veterans. It’s not just a win for one
veteran. Veterans who have pending claims for
reimbursement will benefit. Plus, veterans whose
reimbursement requests were turned down years ago
may now be able to get paid by claiming that the
previous denial contained “clear and unmistakable
error.”
The judges at the Court of Appeals for Veterans
Claims also ruled the VA’s regulation, which had been
used for years to deny veterans reimbursement, is
invalid, saying in its opinion, “Further, 38 C.F.R. §
17.1002(f) is held invalid and SET ASIDE.”
“The court overturned and set aside the VA’s own
regulation.
This means that the Department of
Veterans Affairs will be forced to amend its
regulations and re-train its staff on the rules, so other
veterans who needed emergency medical care outside
the VA system are not denied reimbursement, simply
because they have partial secondary insurance,” said
Stichman. “This is a big victory for veterans and their
families who have not received the reimbursement that
they are legally entitled to for emergency medical
expenses.”
For many years, the VA denied reimbursement claims
for emergency medical care for veterans who had
partial or secondary insurance, even though VA was
required by federal statute to pay these claims. In
2009, Congress passed the Emergency Care Fairness
For veterans who filed reimbursement claims in the
past for emergency medical care outside the VA
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Surprise Post 96 June Newsletter
Radiant Church is located at 15523 W. Paradise Lane
Surprise AZ 85374. The venue is inside, relax and
enjoy the show out of the heat. This is a non-religious
ceremony to honor those who gave their all in defense
of liberty.
system and were denied because they had partial
secondary insurance, the ruling does not require the
VA to go back to reopen past reimbursement denials.
Stichman believes that the veteran would have to take
action to file a new claim and argue that the past denial
was based on “clear and unmistakable error.”
Stichman believes that cases currently pending before
the VA will directly benefit from the Court’s decision.
We ask you to consider a small donation to help us
offset expenses. All tax deductible contributions are
appreciated.
Please make your check out to
VMH/Memorial Day Committee. We will have
collection tubs at the church for your convenience. We
will be glad to send you a letter in receipt if you so
request. The Veterans Memorial Hall is a non-profit
AZ corporation with IRS status of 501C(3).
Aspen Dental Day June 25, 2016
Aspen Dental dentists and teams are pleased to bring
free dental care to veterans nationwide once again on
June 25.
Donations can be mailed to:
Nearly 400 Aspen Dental offices in 33 states will open
their doors to serve veterans in their local communities
as part of the Healthy Mouth Movement, a community
giving initiative.
VMH / Memorial Day Committee.
16616 W. Barwick Dr.
Surprise AZ 85387
Thank You!
Larry Brown, Chairman: 623-546-3335.
Interested veterans should call 1-844-ASPEN-HMM
to find a participating Aspen Dental office and
schedule an appointment in advance.
During
appointments on June 25, volunteer dentists and teams
will focus on treating the most urgent need of each
veteran by providing free services – including fillings,
extractions and basic denture repair – to help get them
out of dental pain.
In 2015, nearly 300 Aspen Dental practices were
honored to treat more than 3,500 veterans in one single
day of care in June, resulting in nearly $2 million in
donated dentistry.
https://www.aspendental.com/about/healthy-mouthmovement
5TH ANNUAL MEMORIAL DAY CEREMONY AT
RADIANT CHURCH
The Veterans Memorial Hall and the Memorial Day
2016 Committee; cordially invites you and your
family, to the 5th Annual Memorial Day
Commemorative Ceremony.
By your attending this ceremony, you are showing the
families of those we honor that you are not forgetting
our Fallen Brothers in Defense of our Country, those
who gave their all for our Freedoms in America.
•
•
•
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OUTSIDE ACTIVITIES START AT 1100
INSIDE ACTIVITIES START AT 1400
CEREMONY STARTS AT 1500 SHARP
OVER APPROXIMATELY 1610
The Links Restaurant will offer pulled pork or pulled
chicken sandwiches, burgers, soda and water for
reasonable prices. Note the food will be available from
1300 to the start of the ceremony. No food afterwards.
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Surprise Post 96 June Newsletter
The Dice Run comes to an end at the Sage & Sand on May 7. Shown are Terry Mills, Red &
Velma Hixon, Mike Harry, Don & Lauren Stivison, Andy LaCour, Nancie Scalercio and Jim Aiello.
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Surprise Post 96 June Newsletter
First Annual Post 96 Riders Dice Run
The dice run was a lot of fun and a financial success.
George & Andy sell tickets at the Sage & Sand
George, Red and Don keep selling!
Sylence rocked on. Boy, they were loud!
The winner of the Gun Safe picks it up at Surprise
Funeral Care. Here is George, Jerry Ed, Dawn
Conners (winner), Nancie, Jim and Andy.
Gun Case winners get the goodies at the May 19 Meeting.
Roy Burris, Larry Brown (he won TWO!), Jerry Pontius for Jim
Huring and Raffle Chairman Andy.
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Surprise Post 96 June Newsletter
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Surprise Post 96 June Newsletter
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Surprise Post 96 June Newsletter
Have you signed up a NEW member for 2017?
Post 96 – The American Legion
PO Box 7096
Surprise, Arizona 85374-0101
Forwarding Service Requested – June
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