DAV: Debt Limit Rhetoric Worries Disabled Veterans

WASHINGTON--As Republican and Democratic congressional leaders continue negotiations with President Obama on an agreement to increase the debt ceiling, the rhetoric has become increasingly heated and worrisome to disabled veterans and others who receive federal benefit payments. For many, disability compensation and pension payments are the major source of income.

"It is time to put aside partisan bickering and political brinksmanship when it comes to the nation's sacred obligation to disabled veterans and their families," said Disabled American Veterans National Commander Wallace E. Tyson. "The men and women who have preserved and protected our precious freedoms at great personal cost simply must be guaranteed they will continue to receive their disability compensation and other benefits without interruption."

"It is outrageous that disabled veterans have become political pawns in the fight over how to increase the government's borrowing authority," Tyson said. "Whatever the outcome of the battle over the nation's debt ceiling, compensation and pension payments to disabled veterans and their families and survivors deserve the highest priority in federal spending. Their service and sacrifice is a debt the government absolutely must pay."

DAV Legislative Bulletin–June 2011

DISABLED AMERICAN VETERANS LEGISLATIVE BULLETIN

June 2011

Department of Veterans Affairs Fiscal Year 2012 Budget

As I reported in the April Legislative Bulletin, the Administration’s budget request for fiscal year (FY) 2012 included only modest funding increases for Department of Veterans Affairs (VA) health care and benefits programs. For both mandatory funding (compensation, pension, insurance and education benefits) and discretionary funding (primarily health care) the Administration recommended about $132 billion. The House Budget Committee subsequently recommended $128 billion in its budget resolution, about $4 billion less than requested.

The Administration’s FY 2012 budget proposal also included a request for $52.5 billion in advance appropriations for VA health care accounts for FY 2013. The Administration has assumed $3.3 billion in first- and third-party collections from veterans and their private insurers.

On June 14, 2011, after consideration of a series of floor amendments most of which were rejected, the full House of Representatives overwhelmingly voted to approve the funding levels as recommended by the Appropriations Committee.

Current status:

Fiscal year 2012 Administration budget request $130.2 billion. House-passed funding level $129.7 billion. In comparison to:

· Fiscal year 2011 enacted level – +$7.9 billion

· Fiscal year 2012 budget request – -$475.7 million

· Fiscal year 2013 advance [medical] budget request $52.5 billion

· Fiscal year 2013 House-passed advance appropriation $52.5 billion

In summary, the Appropriations Committee recommended and now the full House has passed a total of $129.7 billion in new budget authority for all VA programs (mandatory and discretionary) in fiscal year 2012, an increase of $7.9 billion, or 6.4 percent above the fiscal year 2011 enacted level but $475.7 million below the Administration’s budget request. In addition, the House agreed to advance appropriations of $52.5 billion, to be provided for fiscal year 2013 in VA Medical Care accounts, matching the President’s request for the advance appropriations year.

The bill now moves to the Senate for further consideration. The Senate has yet to act on the FY 2012 VA budget request, either at the Budget Committee or Appropriations Committee level. While VA’s appropriation has been slightly cut (in information technology, general administration and medical and prosthetic research), we are grateful to the House for strongly supporting all VA programs at this time of fiscal and monetary uncertainty. We will keep you updated on VA’s budget as events warrant.

Government Accountability Office Report on Advance Appropriations

On June 14, 2011, GAO released its report on the VA budget, which was required by Public Law 111-81, the advance appropriations law authored by Congressman Filner. The GAO report confirms several of our concerns about gimmicks in the budget, including:

• • $1.1 billion carryover from this year (FY 2011);
• • $2.5 billion in “operational improvements;” and
• • The so-called “contingency fund.”

The GAO report also uncovered another $2.5 billion that the Office of Management and Budget cut from the VA for FY 2012 and FY 2013 for needed equipment and maintenance.

DAV will request that both House and Senate Veterans’ Affairs and Appropriations Committees will hold hearings to ensure that we have an honest and transparent VA budget.

Pending Legislation

H.R. 2052, the Fort McClellan Health Registry Act, introduced by Representative Paul Tonko (D-NY), directs the VA to establish and maintain a registry of veterans who served at Fort McClellan, Alabama, due to potential exposure to a toxic substance or environmental hazard.

S. 411, the Helping Our Homeless Veterans Act of 2011, introduced by Senator Amy Klobuchar (D-MN) would authorize VA to enter into agreements with States and nonprofit organizations to collaborate in case management services for veterans’ supported housing programs.

S.696, introduced by Senator Jon Tester (D-MT), would require VA to treat Vet Centers as VA health care facilities for purposes of payments of beneficiary travel reimbursements to veterans visiting Vet Centers.

S.894, the Veterans’ Compensation Cost-of-Living Adjustment Act of 2011, introduced by Senator Patty Murray (D-WA), would authorize a COLA increase, effective December 1, 2011, in the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of disabled veterans.

S.914, introduced by Senator Mark Begich (D-AK), would authorize waiver of the collection of copayments for VA telehealth and telemedicine visits.

S.951, the Hiring Heroes Act of 2011, introduced by Senator Murray, an omnibus act on veterans employment would:

• • Expand the authority of the VA Secretary to make payments to employers that provide on-the-job training to veterans.
• • Entitle certain service-connected veterans who have exhausted their rights to unemployment benefits to participation in an additional VA rehabilitation program and would require the VA Secretary to follow-up on the employment status of veterans who participate in VA rehabilitation.
• • Require participation by eligible service members in the Transitional Assistance Program (TAP), and provision of pre-separation counseling to members who anticipate discharge, including assessment of equivalencies between military skills and civilian employment requirements.
• • Instruct the Secretary of Labor to follow-up on employment status of members who complete their TAP participation.
• • Authorize up to three specialized grants for veterans’ employment.
• • Liberalize appointments of veterans to the federal civil service if otherwise qualified, without regard to civil service examination, and would require federal agencies to provide employment assistance to separating members.
• • Direct the Secretary of Labor to carry out an outreach program to provide employment assistance to certain veterans receiving unemployment compensation.
• • Authorize a pilot program to assess the feasibility of providing work experience to certain members of the Armed Forces who are on terminal leave.
• • Require a VA demonstration project on credentialing and licensing of veterans.
• • Extend several existing authorities and require a series of reports.

S.957, the Veterans’ Traumatic Brain Injury Rehabilitative Services’ Improvements Act of 2011, introduced by Senator John Boozman (R-AR), would improve rehabilitative services for veterans with traumatic brain injury.

S.1017, the Disabled Veteran Caregiver Housing Assistance Act of 2011, introduced by Senator Bernard Sanders (I-VT), would increase assistance for disabled veterans who are temporarily residing in housing owned by a family member.

S.1060, the Honoring All Veterans Act of 2011, introduced by Senator Richard Blumenthal (D-CT), would improve education, employment, independent living services, and health care for veterans, improve assistance for homeless veterans, and improve the administration of the VA.

S. 1104, the Veteran Transition Assistance Program Audit Act of 2011, introduced by Senator Robert P. Casey, Jr. (D-PA), would require regular audits of, and improvements to, the TAP Program.

S. 1127, introduced by Senator Kent Conrad (D-ND), would establish centers of excellence for rural health research, education, and clinical activities and provide statutory recognition to VA’s existing Rural Health Resource Centers.

Hearings

On May 3, 2011, DAV testified before the House Veterans' Affairs Subcommittee on Disability Assistance and Memorial Affairs, concerning seven benefits-related bills.

On May 13, 2011, DAV testified before the House Veterans’ Affairs Subcommittee on Health regarding the Federal Recovery Coordinator Program.

On June 8, 2011, DAV testified before the Senate Veterans' Affairs Committee on 34 bills under consideration, most of which are summarized above.

On June 13, 2011, DAV testified before the House Veterans’ Affairs Subcommittee on Health regarding a recently released GAO report 11-530—Actions Needed to Prevent Sexual Assaults and Other Safety Incidents.

Sexual Assaults in VA Facilities

The DAV finds very disturbing a GAO report that cites 284 cases of alleged, attempted or confirmed sex assaults on patients and employees at VA medical centers between January 2007 and last July. “It is fundamental that our VA hospitals offer a safe environment as well as topflight medical care,” said DAV National Commander Wallace E. Tyson. “This is very disturbing news, and we urge the VA to put into place the report’s recommendations at all medical centers, clinics and other facilities.”

The GAO report examined sexual assaults at VA medical centers and found that many times the victims’ reports are mishandled or inappropriately acted upon based on decisions by local physicians and administrators.

The DAV strongly recommends the creation of a task force to ensure the VA adopts a culture of safety and promptly develops a uniform policy for the reporting of all sexual assaults.

“Mandatory reporting is absolutely necessary. There must be a strict requirement set immediately that all allegations of sexual assaults be reported to an independent body of oversight,” Commander Tyson said in a press release. “These reports can no longer be allowed to be dealt with solely at the local level.”

“This is not a gender-specific issue – this is an issue for every veteran, family member and caregiver. Every person who enters a VA facility must know the government is doing everything possible to keep them safe. VA needs to be a place of care, not of fear.”

Conclusion

To ensure the successful enactment of the legislation that we support, our DAV and Auxiliary members must become active members of DAV’s grassroots – DAV Commander’s Action Network (CAN) — and all of us must do our part to let our elected officials know about our support for legislation that builds better lives for our nation’s service-disabled veterans, their families and their survivors. Please make a pledge to redouble your efforts to communicate our concerns to your elected officials. This is a key to our success.

See you at the DAV National Convention in New Orleans August 6-9, 2011.

JOSEPH A. VIOLANTE

National Legislative Director

DAV Legislative Bulletin–April 2011

DISABLED AMERICAN VETERANS
807 Maine Ave., SW ■ Washington, D.C. 20024-2410 ■ Phone (202) 554-3501 ■ Fax (202) 554-3581

LEGISLATIVE BULLETIN
April 2011

Department of Veterans Affairs Fiscal Year 2012 Budget

The Administration’s budget request for fiscal year (FY) 2012 includes some modest funding increases for Department of Veterans Affairs (VA) health care and benefits programs. For both mandatory funding (compensation, pension, death and education benefits) and discretionary funding the Administration has recommended about $132 billion dollars. The House Budget Committee has recommended $128 billion for the VA for FY 2012, about $4 billion below the Administration’s request.

The Administration’s FY 2012 budget proposal includes a request for $52.541 billion in advance appropriations for VA health care accounts in FY 2013. The Administration also assumes $3.3 billion in collections. This is an increase of $1.9 billion over the Administration’s FY 2012 request for VA health care funding. The House Budget Committee proposal requests $52.500 billion for advance appropriations, $41 billion less than the Administration. Of concern to DAV is the fact that we believe the Administration’s request should be considered a floor, which can be raised if warranted, while the House proposal treat it as a ceiling, the maximum VA should receive in FY 2013.

Department of Veterans Affairs Fiscal Year 2011 Budget

The battle over the FY 2011 budget has now ended. On April 14, 2011, Congress passed a long-term appropriations bill to fund the government until the next fiscal year begins on October 1.

While many programs have been cut, VA has been mostly untouched. Total discretionary funding requested by the Administration was $60.321 billion dollars. Under the bill, VA would receive $60.075. Most of the cuts are in information technology, construction programs and general administration.

Pending Legislation

H.R. 803, the Equity for Injured Veterans Act of 2011, was introduced on February 18, 2011, by Representative Bob Filner (D-CA). This bill would extend the period of eligibility for training and rehabilitation through the Department of Veterans Affairs (VA) for veterans with service-connected disabilities until the end of the 15-year period after the veteran’s discharge from active duty.

H.R. 810, the Fair Access to Veterans Benefits Act of 2011, was introduced by Representative Filner on February 18, 2011. This bill would extend the 120-day limit for the filing of an appeal to the Court of Veterans Appeals after a final decision of the Board of Veterans' Appeals upon a showing of good cause for such time as justice may require. It would also consider as good cause the inability of a person to file within the 120-day period due to a service-connected disability.

H.R. 813, introduced by Representative Filner on February 18, 2011, would amend title 38, United States Code, to reduce the period of time for which a veteran must be totally disabled before the veteran’s survivors are eligible for the benefits provided by the Secretary for survivors of certain veterans rated totally disabled at the time of death.

H.R. 1092, the Military Retirees Health Care Protection Act, was introduced by Representative Walter B. Jones (R-NC) on March 15, 2011. This bill expresses the sense of Congress that: (1) the Department of Defense (DOD) and the nation have a committed health benefits obligation to retired military personnel that exceeds the obligation of corporate employers to civilian employees; and (2) DOD has many additional options to constrain the growth of health care spending in ways that do not disadvantage beneficiaries, and should pursue such options rather than seeking large fee increases for beneficiaries.

It would also prohibit an increase in a premium, deductible, copayment, or other charge prescribed by the Secretary of Defense for medical and dental health care coverage for military personnel; and after September 30, 2011, in the dollar amount of a cost-sharing requirement under the DOD pharmacy benefits program. It would also prohibit charges for DOD inpatient care from exceeding $535 per day; and, beginning on October 1, 2011, an increase in premiums under TRICARE for certain members of the Selected Reserve and Retired Reserve.

H.R. 1133, the Helping Our Homeless Veterans Act of 2011, was introduced by Representative Filner on March 16, 2011. This bill would authorize the Secretary of Veterans Affairs to enter into agreements with state or local government agencies, tribal organizations, and nonprofit organizations to collaborate in the provision of case management services to expand and improve the provision of supported housing services and related outreach to veterans, including veterans in rural areas or underserved veterans who live in metropolitan areas or on Indian lands. It outlines support services to be provided, including the maintenance of referral networks for homeless veterans. It would also include within case management services personal health and development assistance and housing assistance for veterans.

H.R. 1178, the Disabled Veterans Commissary and Exchange Store Benefits Act, was introduced by Representative Jeff Fortenberry (R-NE). It would permit a veteran with any compensable service-connected disability (and the veteran's dependents) to use commissary and exchange stores on the same basis as a member of the Armed Forces entitled to retired or retainer pay.

S. 423, introduced by Senator Richard Burr (R-NC), on March 1, 2011, would amend title 38, United States Code, to provide authority for retroactive effective date for awards of disability compensation in connection with claim applications that are fully developed at submittal.

S. 490, introduced by Senator Daniel K. Akaka (D-HI), on March 3, 2011, would amend title 38, United States Code, to increase the maximum age for children eligible for medical care under the CHAMPVA program. It would make such provision inapplicable before January 1, 2014, to a child who is eligible to enroll in an employer-sponsored health care plan.

S. 536, introduced by Senator Jim Webb (D-VA), on March 9, 2011, would amend title 38, United States Code, to provide that utilization of survivors' and dependents’ educational assistance shall not be subject to the 48-month limitation on the aggregate amount of assistance utilizable under multiple veterans and related educational assistance programs.

S. 658, the Support for Survivors Act, was introduced by Senator Amy Klobuchar (D-MN).  This bill directs the Secretary of Defense to identify the most appropriate and effective means for the preservation by the Department of Defense (DOD) of documentary evidence of incidents of sexual assault or harassment in which a member of the Armed Forces is the victim (covered incidents), which shall be a single means to be used by all the military departments.

It requires the means identified to be in electronic form and to include the full protection of the victim's privacy and lifetime access to such evidence. This bill would also direct the Secretaries of Defense and Veterans Affairs to establish a joint task force to determine whether to establish a documentary evidence form, report, or document in lieu of forms, reports, and documents currently generated by DOD.

Hearings

The national legislative staff has testified at numerous hearings over the last couple of months:

On March 2, 2011, before the Senate Veterans’ Affairs Committee on behalf of The Independent Budget concerning the fiscal year (FY) 2012 budget in the area of veterans’ benefits.

On March 3, 2011, before the House Veterans’ Affairs Subcommittee on Economic Opportunity concerning the FY 2012 budget in the area of the Department of Labor’s Veterans Employment and Training Service.

On March 11, 2011, before the House Veterans' Affairs Subcommittee on Health concerning the implementation plan for the caregiver assistance program.

On March 17, 2011, before the House Veterans’ Affairs Subcommittee on Disability Assistance and Memorial Affairs regarding the FY 2012 budget in the area of veterans’ benefits.

On March 31, 2011, before the House Veterans' Affairs Subcommittee on Economic Opportunity concerning the FY 2012 budget in the area of the Vocational Rehabilitation and Employment Service.

Conclusion

To ensure the successful enactment of veterans’ legislation, our DAV and Auxiliary members must be active members of DAV’s grassroots – DAV Commander’s Action Network (CAN) — and we all must do our part to let our elected officials know about our support for legislation that helps to build better lives for our nation’s service-disabled veterans, their families and survivors. Thank you for your continued support.

JOSEPH A. VIOLANTE
National Legislative Director

DAV OPPOSES REMOVAL OF 1.3 MILLION VETERANS FROM VA HEALTH CARE

 

(Washington, DC – DAV) -- After 2-meetings with the professional staff of the House Budget Committee, it is the understanding of the DAV National Organization that a review, studying the effects of Public Law 104-262, the Veterans Health Care Eligibility Reform Act of 1996, will soon be considered by the House Budget Committee.

As a way to curb the federal deficit, the Committee is considering the eviction of 1.3 million veterans with non-service-connected disabilities from VA Health Care.

Any finding that recommends a system for veterans based on the merits of a veteran’s claim or disability will be bad for veterans’ health care, bad for government spending and bad for the deficit.

• Veterans using VA Health Care for non-service-connected injuries or illnesses are subject to both first and third party collections. They and their personal medical insurance companies are billed and ultimately pay any expenses that are incurred by VA Health Care for their medical treatment. Eliminating these veterans from VA Health Care will result in zero savings.

• Eliminating veterans using VA Health Care for non-service-connected injuries or illnesses with no personal medical insurance will not result in any savings. Medical treatment for these veterans, if done outside VA Health Care, will be paid by Medicare/Medicaid (or written off as bad debt by private facilities and providers), at a much higher cost to taxpayers. (On the average, VA Health Care has the lowest cost per patient of any health care provider.) The higher medical treatment payments for these veterans, using health care provider other than VA Health Care, given the higher cost, will increase government spending and increase the deficit.

• Additionally, funds for medical treatment will be diverted to create an agency or department whose main purpose will be to evaluate the worthiness of veterans to use VA Health Care. Its sole purpose will be to deny veterans access to VA Health Care, a dubious goal.

VA Health Care is #1 in quality of care, patient satisfaction, lowest in medical errors, and lowest in cost per patient, besting any health care provider in the private sector. These outstanding achievements are predicated on a properly funded “Full Continuum.” Any tinkering with this Continuum will have a devastating impact on VA Health Care, veterans, government spending and the deficit.

To keep cost low, a high patient volume is essential for VA to bargain for pharmaceuticals and medical services. Any volume reduction will reduce this bargaining power.

Also, lower volume will decrease medical staff, which in turn will have an adverse effect on patient care and medical quality. Reductions in VA funding will have the same negative impact to patient care and medical quality, eventually resulting in an increase in government spending and the deficit.

For VA appropriations to be spent effectively and efficiently, a properly funded “Full Continuum” is essential and necessary.

The relationship between veterans and the government is based on a historical covenant. Today, this relationship is a sacred obligation that begins at enlistment and lasts throughout the course of a veteran’s life.

To classify veterans as worthy and unworthy of VA Health Care, who through no fault of their own, were not exposed to combat, denigrates the service and sacrifice of many.

When the public recognizes an individual as a veteran, they invariably say, “Thank you for your service.” Never does anyone ask, “Did you serve in combat or not?” Neither should Congress.

It is the goal of Disabled American Veterans to work with Congress and the Administration to ensure that VA appropriations are spent effectively, efficiently and wisely. Maintaining the “Full Continuum” will do just that.

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Disabled American Veterans is a nonpartisan, nonsectarian and nonprofit veteran service organization, founded in 1920 and congressionally chartered in 1932. It is the nation’s largest veteran service organization of wartime service-disabled veterans.

DAV Stand Up For Veterans Update–April 11, 2011

Stand Up For Veterans Update
April 11, 2011

 

Two New Studies Show VA Health Care For Seniors Better Than Medicare

More evidence that veterans receive high quality care through the VA health care system comes from the journal Medical Care, which recently published the results of two studies performed by Brown University researchers.  According to the studies, VA “…has made substantial improvements in quality, in some cases providing substantially better care than is available in private insurance plans.”

Advance Appropriations Protects VA Health Care System in Event of Shutdown

Thanks to approval of advance appropriations for VA medical care funding in the last Congress, veterans will “…see no change in their health benefits – including those involving hospital visits and other doctors’ appointments – in the event that Congress fails to pass a budget,” reports the Christian Science Monitor.  While some VA operations may be limited or suspended during a government shutdown, the VA health care system has already been fully funded for the year

DAV-Wis. Press Release: Wisconsin at DAV National Mid-Winter Conference and on the Hill

With many new members of Congress, it’s “Back to the Basics” for DAV

(Green Bay, Wis. – March 16, 2011) - Over 600 national leaders were in attendance at the Disabled American Veterans 2011 Mid-Winter Conference held at the Marriott Crystal Gateway in Arlington, Virginia, February 27 - March 2, 2011, who then took to Capitol Hill to inform and advocate on behalf of the nation’s veterans, particularly its disabled veterans.

Included in the huge national leadership meeting of the nation’s largest wartime service-disabled veterans’ organization were Department of Wisconsin leaders John Hoeft, State Commander; Kevin (KC) Johnson, State Senior Vice Commander; Al Labelle, State Judge Advocate; Clarence Stoel, State Legislative Director; Richard Marbes, State Treasurer; Roger Dorman, Service Director; Stephen Leopold, State Legal Advisor; John Kleindienst, Milwaukee National Service Office (NSO) Supervisor; Derrick Williams, Milwaukee NSO Assistant Supervisor; Charles Vandenplas, VAVS Chairman; and Anthony Hardie, State Special Assistant.

Marbes is a past DAV National Commander. Vandenplas is also 12^th District Representative on DAV’s National Executive Committee. The 12^th District is comprised of the Departments of Illinois and Wisconsin. Labelle is a member of DAV’s national Interim Legislative Committee. Hardie is a National Deputy Chief of Staff for 2010-11.

U.S. Department of Veterans Affairs Secretary Eric Shinseki was the Conference’s keynote speaker, which opened with a business session, followed by numerous workshops intended to further develop DAV’s leadership, legislative, and communications capacities, among many others.

The Conference culminated with National Commander Wallace E. (Wally) Tyson’s presentation of DAV’s 2011 legislative program to a joint session of the U.S. Senate and House veterans’ affairs committees, which was attended by an overflow crowd of enthusiastic DAV members from Wisconsin and across the country.

Since the 112^th Congress has 103 new members, many with little or no legislative experience, a major emphasis of the presentation was Who and What We Are.

“It was DAV 101 and Legislation 101,” said State Judge Advocate Al Labelle.

In the last Congress, the House Committee on Veterans’ Affairs was comprised of 29 members, with only 12 members reelected. For DAV, making inroads and achieving legislative successes with the new Congress – including the 17 new members on the House veterans’ affairs committee – means it will be “back to the basics” of informing new members not only about DAV’s legislative priorities, but who DAV is and what it means to be a service-disabled wartime veteran.

DAV’s Department of Wisconsin leaders aimed directly at every member of Wisconsin’s 10-member Congressional delegation to help achieve DAV’s national legislative goals with a formal group presentation and individual office meetings.

DAV-Wis. leaders developed and delivered a formal group presentation of DAV’s national legislative program to the offices of U.S. Senator Herb Kohl (D-WI) (Harry Stein, Carolyn Appel); Senator Ron Johnson (R-WI) (Alian Elias); Congressman Paul Ryan (R-WI-01) (Martin Skold); Congresswoman Tammy Baldwin (D-WI-02) (Amber Shipley); and, Congressman Ron Kind (D-WI-03) (Kevin Warnke).

DAV-Wis. leaders also had quite a number of personal meetings with Wisconsin Congressional offices, including meeting personally with Sen. Ron Johnson, Congresswoman Tammy Baldwin, and Congressman Reid Ribble (R-WI-08), and in separate private meetings with the offices of Congressman Ryan (Martin Skold); Congressman Congresswoman Gwen Moore (D-WI-04) (Eyang Nyambi Garrison); Jim Sensenbrenner (R-WI-05) (Joshua Ledden); Congressman Tom Petri (R-WI-06) (Meagan McCanna); Congressman Sean Duffy (R-WI-07) (Jenifer Nawrocki); and Congressman Ribble (Paul Bleiberg).

Key meetings were also held with the integral House Budget Committee’s Professional Staff and with the offices of Senate Majority Whip Dick Durbin (D-IL) and senior Senate Veterans’ Affairs Committee member Senator Bernie Sanders (I-VT), all of whom left well acquainted with and enthusiastic about the Independent Budget and military medical health research funding issues.

More information on the Independent Budget, DAV’s 2011 Legislative Program, and DAV national concerns is available on the DAV-Wis. website at www.davwi.org/government-relations. More information on the Conference, including Secretary Shinseki’s comments, will be published in the May-June issue of the DAV Magazine.

Disabled American Veterans National Legislative Bulletin - June 2010

From Joseph A. Violante, DAV National Legislative Director

June 2010

Caregiver Legislation Signed Into Law

President Obama signed Public Law 111-163, the Caregivers and Veterans Omnibus Health Services Act on May 5, 2010.  The public signing ceremony was attended by representatives of veterans service, military and family organizations.  Among those present was Deputy National Legislative Director Ilem, who represented DAV.

Several years ago, we began to see an increasing number of severely injured veterans returning home from the wars in Iraq and Afghanistan. As advances in medicine allowed more of the severely injured to be medically rescued on the battlefield, VA had to confront the issue of how to provide a lifetime of care for these young heroes returning home with polytrauma, severe traumatic brain injury, multiple amputations and a host of post-deployment health issues that VA had not confronted before.

After acute hospitalization, most family members want to care for their loved ones in the home, even if they are severely injured.  Caregivers shouldering this burden are often unable to maintain full-time employment, limiting their income and ability to obtain health insurance. Caregivers who do remain employed often give up opportunities for career advancement to care for their injured family members, while their employers sustain millions of dollars in losses related to employee absence and decreased productivity.

Because of these challenges, the DAV worked with other veterans and military and family service organizations to bring about the introduction and passage of the Caregivers and Veterans Omnibus Health Services Act of 2010.  This precedent-setting legislation established a number of critical new programs to address DAV's highest priority legislative goals over the past several years identified through our Stand Up for Veterans campaign. 

To help meet the hardships associated with lengthy recovery and rehabilitation periods, this legislation authorizes the Department of Veterans Affairs (VA) to create an array of supportive services for family caregivers of disabled veterans from all eras of military service, including providing education on how to be a better caregiver in the home, counseling and mental health services, and providing more flexible periods of respite care so that these veterans can avoid long-term institutionalization.  The law also provides a monthly financial stipend, CHAMPVA health care and additional benefits to financially burdened family members providing care at home to the most severely wounded and disabled Iraq and Afghanistan veterans. 

This comprehensive legislation also expands and improves health care access and services for the nation's 1.8 million women veterans.  We want to recognize DAV's grassroots efforts that helped ensure that women veterans, who have played an increasingly essential role in all of our military service branches including the National Guard, Air National Guard, and Reserve forces, receive quality, timely and gender-appropriate health care services.  While it is our responsibility to ensure that all veterans receive the benefits they deserve, we believe it is important to recognize the extraordinary contributions and unique challenges women veterans face in today's military and when they return home.  This important legislation will for the first time allow VA to cover the costs for up to seven days of post-natal care for newborn infants of women veterans receiving maternity services at VA's expense and-to eliminate barriers for veterans accessing intensive health and mental health services-it authorizes VA to establish a child care pilot program. 

The bill also includes provisions that:

• Expand the VA's authority to provide recruitment and retention incentives so that VA can recruit high-quality health care providers.
• Increase the oversight of care purchased in the community by mandating financial incentives for providers who maintain high-quality standards.
• Expand the VA's telemedicine program, and its ability to collaborate with the Indian Health Service and community organizations to provide medical services, including mental health care, in rural communities.
• Remove barriers to emergency care and care for the catastrophically disabled by:
  • Eliminating copayments for veterans who are catastrophically disabled.
  • Enhancing the VA's ability to reimburse veterans for emergency care received at non-VA facilities in certain circumstances.

The House of Representatives approved the bill by a vote of 419 to 0 on April 21, 2010.  On April 22, 2010, the Senate gave final approval to S. 1963, the Caregivers and Veterans Omnibus Health Services Act.  The legislation, some sections of which were first proposed over two years ago, has been strongly backed by DAV and other veterans organizations.   

The legislation forges a new paradigm of long-term care for severely wounded service personnel and veterans-one that acknowledges and fully supports the vital role of the family caregiver in any successful rehabilitation plan and marks another significant legislative victory for sick and disabled veterans and their families, and for DAV.

Status of Fiscal Year 2011 VA Budget

            As of June 2010, the budget and appropriations process is basically stalled in Congress.  No action whatsoever has been taken by Congress on the budget and there has been no movement by the Appropriations Committee.  See the April 2010 bulletin for full budget details.

            DAV will continue to follow these developments to ensure that the needs of sick and disabled veterans are fully met across all VA's appropriations accounts, and we will submit future reports to reflect the progress of the FY 2011 funding of the VA.

DAV Legislative Staff Active at Hearings

            On May 6, 2010, Assistant National Legislative Director John L. Wilson testified before the House Veterans' Affairs Subcommittee on Disability Assistance and Memorial Affairs on the Veterans Benefits Administration's work credit and work management systems.

            On May 19, 2010, Mr. Wilson submitted testimony for the record at the Senate Veterans' Affairs Committee hearing concerning 19 pending measures. 

            On May 20, 2010, Deputy National Legislative Director Joy J. Ilem testified before a joint hearing of the House Veterans' Affairs Subcommittees on Health and Disability Assistance and Memorial Affairs concerning collaboration between the VA and the Department of Defense (DoD) to address health care services and disability compensation issues related to military sexual trauma.

            On June 15, 2010, I testified before the House Veterans' Affairs Subcommittee on Disability Assistance and Memorial Affairs on the state of the Veterans Benefits Administration (VBA).  My testimony focused on the VBA's largest and most significant program:  veterans disability compensation. 

Claims Process Reform

For disabled veterans, receiving a timely and proper disability rating is the gateway to all of the VBA benefits to which they are entitled.  As such, the problems that have plagued and continue to plague VBA in efficiently administering this program have correctly received the most attention from Congress and VSOs in recent years. The June 15 hearing was the sixth Subcommittee hearing this year examining VBA's claims processing system.

A core mission of VBA is the provision of benefits to relieve the economic effects of injury, disease, or disability upon veterans and their families.  For those benefits to effectively fulfill their intended purpose, VBA must promptly deliver them to veterans.  The ability of disabled veterans to provide for themselves and their families often depends on these benefits.  While awaiting action by VBA, they and their families often suffer hardships and protracted delays can lead to deprivation, bankruptcies, and homelessness.  Disability benefits are critical, and providing for disabled veterans should always be a top priority of the government.

The VA Secretary has vowed to reduce the backlog of claims pending.  While that goal is admirable, DAV testified that to truly reform and transform the system, VBA must remain focused on the underlying problems causing the backlog: specifically, a lack of quality, accuracy and consistency in how VBA develops and adjudicates claims for benefits. 

For these reasons, DAV has been working with a growing coalition of veterans and military organizations to build consensus on how best to reform the claims processing system, not just reduce the backlog.  One of our first goals is redefining success from "Reducing the Backlog" to "Getting It Done Right the First Time."  We are confident that a system focused on quality, accuracy and consistency first, if properly built upon a modern IT infrastructure with optimized business processes, will lead to faster processing times and a lasting reduction and elimination of the backlog as a result.

            DAV will remain vigilant to see reform proposals for the VBA enacted.

Conclusion

To ensure the successful enactment of veterans' legislation, our DAV and Auxiliary members must be active members of DAV's grassroots - DAV Commander's Action Network (CAN) - and we all must do our part to let our elected officials know about our support for legislation that helps to build better lives for our nation's service-disabled veterans, their families, and survivors. Thank you for your continued support.