December 19

Reverberations Of War Complicate Vietnam Veterans’ End-Of-Life Care

Ron Fleming is 74 now, but he’s spent most of his life trying to recapture what life felt like when he was 21, fighting in Vietnam.

Fleming was a door gunner in the war, hanging out of a helicopter on a strap with a machine gun in his hands. He fought in the Tet Offensive of 1968, sometimes for 40 hours straight, firing 6,000 rounds a minute. But he never gave much thought to catching a bullet himself.

“At 21, you’re bulletproof,” he says, as he sits on the edge of his hospital bed at the San Francisco VA Medical Center. “Dying wasn’t on the agenda.”

Now it is. Fleming has congestive heart failure and arthritis, and his asthma attacks often land him in the hospital. Ten years ago, he was diagnosed with post-traumatic stress disorder, which makes him quick to anger and hyper-vigilant, as though he’s still in that helicopter.

Fleming’s physical and mental health symptoms, combined with his military history, are a challenge to the VA’s palliative care team, which is coordinating his care as his health deteriorates. It is a challenge they are facing more often as Vietnam veterans age and develop life-threatening illnesses.

For some veterans, the stoicism they relied on in battle returns full-force in the hospital; they’re less willing than other patients to admit they are afraid or in pain, and less willing to accept treatment. Other vets with PTSD are even more reluctant to take pain-relieving opioids because the drugs can actually make their symptoms worse, triggering frightening flashbacks.

About 30 percent of Vietnam vets have had PTSD in their lifetime, the highest rate among veteran groups from all eras, according to the U.S. Department of Veterans Affairs’ National Center for PTSD. Their rate is higher, according to numerous studies, because of the unique combat conditions they faced and the negative reception many received when they returned home.

Since the war, many vets have developed coping strategies to keep disturbing memories and other PTSD symptoms at bay. But facing a terminal illness — the severe pain of cancer, the nausea of chemotherapy or the breathlessness of heart failure — can drain their energy so much that they’re unable to maintain their mental defenses. Vets previously diagnosed with PTSD can slip out of remission, and some may experience the condition for the first time.

“They’re so distracted trying to cope with their physical symptoms that they might have flashbacks,” says Dr. VJ Periyakoil, a palliative care physician at the VA Palo Alto Health Care Center and director of palliative care education at Stanford University. “War memories start coming back; they start having nightmares.”

Gasping for breath can induce panic for anyone, but it can make vets feel as threatened as they did in a combat zone, says Dr. Eric Widera, director of hospice and palliative care at the San Francisco VA and professor of geriatrics at the University of California, San Francisco.

That’s what happens to navy vet Earl Borges, who logged 240 24-hour river patrols in Vietnam with three other men in a plastic boat, constantly watching the riverside brush for enemy soldiers.

Ever since, he’s been easily startled by loud noises and fast-moving shadows. Now, at age 70, Borges has Lou Gehrig’s disease – the progressive disease of motor neurons that is also called amyotrophic lateral sclerosis, or ALS — and chronic obstructive pulmonary disease, which can intensify the anxiety from his PTSD.

If he lies down without his breathing machine, he says, he panics, then hyperventilates.

“I have to talk him through it, tell him he’s OK, ‘just breathe,’ ” says his wife, Shirley Borges, 67.

They both say Earl’s PTSD is under control — as long as he doesn’t talk about the war — and his ALS is progressing very slowly, without pain.

But for patients who are in severe pain, the go-to treatment is opioids, which can also make PTSD symptoms worse. This forces vets to choose between physical pain and mental anguish.

“Oftentimes, pain medications like morphine or oxycodone make some people feel a little bit fuzzy,” Widera says. “That may contribute to that feeling of a loss of control.”

That’s why Periyakoil isn’t surprised when vets refuse pain medications.

” ‘Don’t you try and give me none of those narc pills, doc,’ ” she recalls one of her patients saying while he grimaced in pain.

Some vets also refuse medication because they feel like they deserve the pain.

“We see a lot of feelings of guilt over what they’ve seen and done during their experience in Vietnam,” Widera says, “and they don’t want to blunt that.”

At the end of life, this sense of guilt can be amplified as veterans look back and review their lives and, perhaps, contemplate the consequences of their actions in the line of duty. This is even true for vets like Fleming, whose overriding feeling about his service is pride.

“Sometimes I think that now I’m being paid back for all the men I killed,” he says. “And I killed a lot of them. Fleming says he has not needed opioids for his condition, and has declined other medications.

“If there is a judge, I figure I’m going to hell in a hand-basket,” he says.

Watching vets choose to endure their pain can be hard for families, as well as for palliative care doctors and nurses. Just like soldiers, doctors hate doing nothing.

“Staff [members] suffer terribly because they feel like, ‘what good are the hospice experts if we can’t take care of patients’ pain?’ ” Periyakoil says.

Often, the only thing they can do is stand back and respect a veteran’s choice to bear their pain, she says.

Once, when Periyakoil was dressing the ulcer wounds of the patient who refused what he called “narc pills,” he began talking about the war. She didn’t press him, just kept working quietly, tending his wounds. As he stared at the ceiling, wincing, he confided in her about a time he was forced to kill a pregnant teenager.

But this kind of revelation is unusual, she says. With weeks or months left to live, after a lifetime of silence about their most horrifying memories, there often isn’t enough time for veterans to talk about those experiences at all.

That’s one reason the VA has been trying to start end-of-life care earlier, Widera says — to address veterans’ PTSD or moral distress years before they land in hospice.

Fleming’s doctors, for instance, have urged him to consider mental health counseling or antidepressants. He refuses.

“I don’t want to take psychiatric drugs,” he says. “The vets call them ‘the happy pills.’ I don’t want any of those, because they change you. I don’t want to change.”

The emotional pain connects Fleming to his past.

He was awarded 18 Air Medals for meritorious acts and heroism in flight. The loss and grief he experienced in Vietnam are woven into those memories of victory and glory.

“You see all the combat. There’s a charge to it,” he says. “And after a while, it bites you right in the ass. And once you’ve been bit, you’re bit for life. Nothing else works.”

Courtesy of April Dembowski via Kaiser Health News

December 19

U.S. cracks down on firms making predatory mortgages to veterans

The U.S. is taking steps to stamp out the practice of service members and veterans being pressured into taking mortgages they don’t need, a move that officials say will lower consumer costs and could lead to financial penalties for lenders.

The actions, which were announced Thursday, stem from a probe by Ginnie Mae, a government-owned corporation that guarantees payment on $2 trillion-worth of mortgage-backed securities. Its bonds include loans made through the Department of Veterans Affairs as well as other federal programs meant for low-wealth or rural borrowers.

In September, Ginnie said it found that lenders had been hounding veterans into refinancing loans over and over, a practice that can drive up a homeowners’ debt while generating profit for the lender. Sen. Elizabeth Warren, the Massachusetts Democrat, and other lawmakers called on Ginnie to find a way to stop the practice, which is known as churning.

Ginnie’s changes, meant to address those concerns, could have a big impact on fast-growing mortgage firms that have made a specialty in lending to vets. Those lenders include Freedom Mortgage Co. and NewDay USA, which issue the vast majority of the loans with rates that are more than a percentage point and a half above the rest of the market, according to Ginnie Mae data.

According to public records, Freedom and NewDay refinanced the home of one borrower seven times in two years between 2014 and 2016. Four of those refinances were performed by Freedom. NewDay followed with two more, and the final refinance came from a different lender.

NewDay specializes in cash-out refinances for veterans who want to take out money for purposes like consolidating debt. Its rates on most of those loans are above those of other lenders.

Joseph Murin, NewDay’s chairman emeritus, said Wednesday that the firm’s rates are higher because they’re willing to take on more risk than others, such as through lending to borrowers with lower credit scores and letting them take out more cash. Murin said that though NewDay’s loans tend to refinance quickly, that’s because other lenders swoop in and pick off those borrowers, rather than NewDay refinancing them itself. He added that the company doesn’t charge veterans fees on simple refinances.

Freedom Chief Executive Officer Stanley Middleman acknowledged that his company refinances some borrowers quickly but said the company doesn’t charge fees to those borrowers and only uses the practice because its afraid other lenders will perform the refinance instead.

“We are really aligned with wanting the investor to be happy and really aligned with wanting the customer to be happy, just not at our expense,” Middleman said. “If we’re vulnerable, we’re going to have to defend ourselves.”

Thursday’s changes will restrict how often a lender is allowed to put a mortgage to a particular borrower in a Ginnie-backed bond. Last year, Ginnie imposed a six-month moratorium, but allowed exceptions for certain kinds of mortgages. Starting in April, there won’t be any exceptions, Ginnie said.

The agency said it will also start to more closely track how quickly certain lenders refinance borrowers and what rates they charge. If a lender’s mortgages refinance extremely quickly or if they charge rates that are more than 1.5 percentage points above the market, they may face penalties.

The bonds the lenders issue would carry a designation flagging to investors that they are more prone to rapid refinances. That scarlet letter would likely hurt the price the lender could get for the bonds, lowering their profits and making it harder for them to offer competitive rates.

“It makes me sick that predatory lending behavior is back and particularly sick that it’s focused on veterans,” Bright said.

Courtesy of Joe Light via Bloomberg

December 19

Retirement’s revolving door: Why some workers can’t call it quits

In his view, Tim Franson utterly failed at retirement.

After 20 years as a high-ranking vice president at drugmaker Eli Lilly, Franson and his wife, Chris, a successful real estate agent, thought they were quietly retiring nearly a decade ago to Bonita Springs, Fla.

For the first month or so, Franson said, he mostly slept. He wasn’t depressed, just mentally and physically exhausted.

Then, “I went crazy,” said Franson. “I’m not very good at sitting around.”

He quickly found himself back at work part time after a friend at a small pharmaceutical company asked him for strategic advice. “Things snowballed from there.”

Today, Franson, 66, consults and works about four days a week, while serving on two for-profit boards and two non-profit boards.

Not new, but growing

Welcome to the land of the un-retired — folks who thought they were leaving the work world only to return because they sorely missed something about it, besides the money. These people in their 50s through 80s retired on pensions or savings — or both — but ultimately woke up to the fact there’s more to life than watching Florida sunsets.

This “un-retirement” trend continues to build, according to a 2017 Rand Corp. study showing that 39% of Americans 65 and older who are currently employed had previously retired. And more than half of those 50 and older who are not working and not searching for work said they would work if the “right opportunity came along,” the study found.

“We have a mistaken image of life, that you go to school, work for 40 years, then say goodbye to colleagues for the last time and embrace the leisure life,” said Chris Farrell, author of Unretirement: How Baby Boomers Are Changing the Way We Think About Work, Community and the Good Life. “That’s not turning out to be the arc of most people’s lives.”
About people and not dollars

This isn’t about older folks returning to work because they need the dough. This is about older folks returning to work because they miss the challenges, the accomplishments and, most important, the collegiality.

When retirees are asked what they miss most about pre-retirement life, the No. 1 answer is typically colleagues, said Farrell. “What’s constantly underestimated is that work is really a community. It turns out it’s much healthier and more satisfying to work for a bad boss than to sit on the couch and watch TV,” he said.

Franson gets that. Not that it didn’t make perfect sense for him to retire when he did, at age 58. Lilly offered him a year’s pay and a full pension to take early retirement. Franson had prostate cancer while at Lilly — and though the surgery was successful, he said, “that experience makes you sit back and revisit how you want to experience your remaining days.” At the time, his kids were out of college, and he didn’t have any grandkids yet.

Then, life derailed him when his wife, Chris, took ill and died within a few years. Four years ago, he accepted another consulting job in the Indianapolis area to be closer to his children and grandchildren. Franson has no plans to retire from his un-retirement anytime soon.

Then, there’s Louise Klaber. She retired at age 65 from a 20-year career in organizational development — but is now working again at age 81.

In 2001, the former New Yorker thought she was living the dream when she arranged to retire to New York City with husband Ralph Walde, a college professor.

Sept. 13 was moving day into their apartment on New York’s Upper West Side. But as the horrific events of 9/11 unfurled, they found they were living in a state of shock. Within weeks, they were both signed up to do volunteer work helping prepare meals for the 9/11 site workers. Their shift: 8 p.m. to 6 a.m., chopping squash, carrots and onions. “It made us feel like we were actually doing something to help,” Klabe said.

The prep kitchen shut down shortly after Thanksgiving, and she found part-time paid work assisting people most severely affected by 9/11 find financial aid, mental health assistance or employment. She then contacted ReServe, a national non-profit that places retired professionals with public service agencies of all sizes, budgets and missions. ReServe linked Klaber with the New York City Law Department, where she has worked part time ever since as an organization development counselor. What drives her isn’t the $10-an-hour pay but the professional camaraderie.

A former marathon runner, Klaber still runs almost daily. That, she said, is an important ingredient for staying healthy — but the work is just as important to her vitality.

When will she finally quit working?

“God only knows,” she said. “I’m having way too much fun.”

Courtesy of Bruce Horovitz, Kaiser Health News

December 15

DeVos: Low Expectations for Students with Disabilities Must End

By Lauren Camera via USA News

Secretary of Education Betsy DeVos says too many students with disabilities are caught in a cycle of low academic expectations and that the status quo of schools doing the minimum legally required to educate them must end.

“Too often, the families of disabled children have felt that their children are not being adequately challenged academically or given the support needed to grow and thrive,” she wrote in a commentary for Education Week.

“To these parents, it often seems as if the school district is content with simply passing their child along, rather than focusing on helping him or her progress and grow academically,” DeVos wrote. “They recognize that the de minimis standard isn’t working for their child, but, sadly, they often do not have the opportunity to access something better.”

In the commentary, the secretary focuses on the impact of a recent and unanimous U.S. Supreme Court decision, Endrew F. v. Douglas County School District, which held that a child with autism is entitled to an individual education program that requires more than the “de minimis,” or minimum, progress set by the school.

“When it comes to educating students with disabilities, failure is not acceptable,” she wrote. “De minimis isn’t either.”

The commentary serves to highlight the recent Q&A document the Department of Education released last week that outlines to impact of the court’s decision on the Individuals with Disabilities Education Act and other federal laws and regulations that pertain to students with disabilities.

Her remarks also come as she mulls the elimination of two major Obama-era civil rights regulations that would impact students with disabilities: One aimed at stemming the school-to-prison pipeline by prodding schools to reduce the number of suspensions and expulsions of students of color and students with disabilities, both of whom receive such disciplinary actions at disproportionately high rates; and the second aimed at ensuring states are paying attention to whether their students of color are being identified as having learning disabilities at a greater rate than white students.

The short, 520-word commentary did not touch on the regulations, though the fate of those regulations will fuel the already charged debate that is set to consume the education sector in the coming months.

“Tolerating low-expectations for children with disabilities must end,” she wrote.

December 14

Eliminating the Medical Expense Deduction Will Harm People Who Are Chronically Ill

Article Courtesy of NAELA
Written by: Lauren S. Marinaro, Esq.

House Republicans have introduced their plan to reform the tax code. The legislation calls for ending the medical expense deduction (MED). NAELA anticipates this proposed change will cause major disruption to individuals and families trying to pay for the catastrophic costs of long-term services and supports (LTSS).

The MED has been in the tax code in one form or another since 1942. Elder law attorneys are intimately familiar with it because they have a front-row seat to their elderly clients’ chronic illnesses and long-term care expenditures as well as the special medical and remedial care expenses of individuals with disabilities. In my work as an elder law attorney, I deal with this tax deduction every single day, usually to reassure my clients that they will probably not have to worry about the tax consequences of paying for long-term care (LTC) themselves.

Right now, the MED is used for a variety of expenditures and situations. Taxpayers can deduct medical expenses in excess of 10 percent of their Adjusted Gross Income for the 2017 tax year. The MED can be used when people are:

– Trying to afford their health insurance premiums, co-pays, and deductibles
– Paying for the cost of childbirth and post-natal care
– Paying for their own LTC or the LTC of a dependent child, parent, or other relative
– Paying for assisted living
– Paying a Medicaid cost share to a facility
– Using pre-tax accounts for catastrophic medical expenses when they have no insurance or insufficient insurance coverage
– Paying for home accessibility for disabling conditions
– Paying for dental work, which is critical to long-term health
– Paying for toxic lead or mold remediation
– Paying for drug abuse rehabilitation for their dependent relative
– Paying for additional ABA for a child on the autism spectrum

Our current LTSS system is driven by Medicaid, a means-tested program, and it sometimes acts as a disincentive for the middle and working class to save. Perversely, many middle- and working-class individuals who develop a chronic illness would have been better off had they not saved at all, thereby allowing them to qualify immediately for Medicaid. Clients express this frustration to us all the time. The MED acts as a key counterweight to that disincentive by substantially expanding the length of time someone could pay privately before needing government assistance.

The Republican Tax Reform plan takes this important tax incentive away without any appropriate justification other than tax code simplification. Elder and special needs law attorneys are leading the way in educating and persuading stakeholders and the larger public to work as hard to fight back against removing the MED.

Here’s how you can help:

– Call your representative – Look up the direct office number in the House of Representatives Directory.
– Post this or your own thoughts on social media.
– Warn others in your local community organizations.

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