[Joint House and Senate Hearing, 113 Congress]
[From the U.S. Government Publishing Office]
JOINT HEARING TO RECEIVE LEGISLATIVE PRESENTATION OF MULTIPLE VETERAN
SERVICE ORGANIZATIONS (VSOs)
=======================================================================
JOINT HEARING
of the
COMMITTEE ON VETERANS' AFFAIRS
before the
U.S. HOUSE OF REPRESENTATIVES
and the
U.S. SENATE
ONE HUNDRED THIRTEENTH CONGRESS
FIRST SESSION
__________
WEDNESDAY, MARCH 6, 2013
__________
Serial No. 113-7
__________
Printed for the use of the Committee on Veterans' Affairs
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79-942 WASHINGTON : 2013
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U.S. HOUSE OF REPRESENTATIVES,
COMMITTEE ON VETERANS' AFFAIRS
JEFF MILLER, Florida, Chairman
DOUG LAMBORN, Colorado MICHAEL H. MICHAUD, Maine, Ranking
GUS M. BILIRAKIS, Florida Minority Member
DAVID P. ROE, Tennessee CORRINE BROWN, Florida
BILL FLORES, Texas MARK TAKANO, California
JEFF DENHAM, California JULIA BROWNLEY, California
JON RUNYAN, New Jersey DINA TITUS, Nevada
DAN BENISHEK, Michigan ANN KIRKPATRICK, Arizona
TIM HUELSKAMP, Kansas RAUL RUIZ, California
MARK E. AMODEI, Nevada GLORIA NEGRETE MCLEOD, California
MIKE COFFMAN, Colorado ANN M. KUSTER, New Hampshire
BRAD R. WENSTRUP, Ohio BETO O'ROURKE, Texas
PAUL COOK, California TIMOTHY J. WALZ, Minnesota
JACKIE WALORSKI, Indiana
Helen W. Tolar, Staff Director and Chief Counsel
U.S. SENATE,
COMMITTEE ON VETERANS' AFFAIRS
BERNARD SANDERS, Vermont, Chairman
JOHN D. ROCKEFELLER IV, West RICHARD BURR, North Carolina,
Virginia Ranking Minority Member
PATTY MURRAY, Washington JOHNNY ISAKSON, Georgia
SHERROD BROWN, Ohio MIKE JOHANNS, Nebraska
JON TESTER, Montana JERRY MORAN, Kansas
MARK BEGICH, Alaska JOHN BOOZMAN, Arkansas
RICHARD BLUMENTHAL, Connecticut DEAN HELLER, Nevada
MAZIE HIRONO, Hawaii
Steve Robinson, Staff Director
Lupe Wissel, Republican Staff Director
Pursuant to clause 2(e)(4) of Rule XI of the Rules of the House, public
hearing records of the Committee on Veterans' Affairs are also
published in electronic form. The printed hearing record remains the
official version. Because electronic submissions are used to prepare
both printed and electronic versions of the hearing record, the process
of converting between various electronic formats may introduce
unintentional errors or omissions. Such occurrences are inherent in the
current publication process and should diminish as the process is
further refined.
C O N T E N T S
__________
March 6, 2013
Page
Joint Hearing To Receive Legislative Presentation of Multiple
Veteran Service Organizations (VSOs)........................... 1
OPENING STATEMENTS
Chairman Jeff Miller, U.S. House of Representatives.............. 1
Prepared Statement of Chairman Miller........................ 31
Senator Bernard Sanders, Chairman, U.S. Senate, Committee on
Veterans' Affairs.............................................. 2
Hon. Michael H. Michaud, Ranking Minority Member, U.S. House of
Representatives................................................ 4
Prepared Statement of Hon. Michael H. Michaud................ 32
Senator John Boozman, U.S. Senate................................ 29
WITNESSES
Cleve Geer, National Commander, AMVETS........................... 5
Prepared Statement of Mr. Geer............................... 32
John R. ``Doc'' McCauslin, CEO, Air Force Sergeants Association.. 8
Prepared Statement of Mr. McCauslin.......................... 39
Bill Lawson, President, Paralyzed Veterans of America............ 10
Prepared Statement of Mr. Lawson............................. 50
Sheldon Ohren, National Commander, Jewish War Veterans........... 12
Prepared Statement of Mr. Ohren.............................. 57
Vivianne Cisneros Wersel, Au.D, Gold Star Wives.................. 14
Prepared Statement of Mrs. Wersel............................ 67
Mark A. Kilgore, National President, Fleet Reserve Association... 16
Prepared Statement of Mr. Kilgore............................ 71
John Rowan, National President, Vietnam Veterans of America...... 18
Prepared Statement of Mr. Rowan.............................. 81
Clyde Marsh, President, National Association of State Directors
of Veterans Affairs............................................ 20
Prepared Statement of Mr. Marsh.............................. 89
MG Gus Hargett, President, National Guard Association of the
United States.................................................. 21
Prepared Statement of Mr. Hargett............................ 94
MATERIALS SUBMITTED FOR THE RECORD
Anthony A. Wallis, Legislative Director/Director of Government
Affairs, Association of the United States Navy................. 97
LTG Guy C. Swan, USA Ret., Vice President, Association of the
United States Army............................................. 108
Joseph A. Vater, Jr., Esq. (PA), President, ADBC Memorial Society 111
JOINT HEARING TO RECEIVE LEGISLATIVE PRESENTATION OF MULTIPLE VETERAN
SERVICE ORGANIZATIONS (VSOs)
Wednesday, March 6, 2013
U.S. House of Representatives,
and U.S. Senate,
Committee on Veterans' Affairs,
Washington, D.C.
The Committees met, pursuant to notice, at 10:01 a.m., in
Room 345, Cannon House Office Building, Hon. Jeff Miller,
[Chairman of the Committee] presiding.
Present from House Committee on Veterans' Affairs:
Representatives Miller, Bilirakis, Coffman, Cook, Michaud,
Brownley, Ruiz, McLeod, O'Rourke, and Walz.
Present from Senate Committee on Veterans' Affairs:
Senators Sanders, and Boozman.
OPENING STATEMENT OF CHAIRMAN JEFF MILLER
The Chairman. This hearing will come to order.
Good morning, everybody. Thank you for making the trip in.
We appreciate you being here today.
It is my distinct privilege to welcome you to the joint
hearing of both the House and the Senate Veterans' Affairs
Committees to receive presentation on the legislative agendas
of AMVETS, the Air Force Sergeants Association, Paralyzed
Veterans of America, Jewish War Veterans, Gold Star Wives, the
Fleet Reserve, Vietnam Veterans of America, the National
Association of State Directors of Veterans Affairs, and the
National Guard Association of the United States.
I think, everybody, that these groups represent what is
truly great about the veteran community. The veterans and their
families, no matter what generation, branch of service, or
weather that may be out there, will continue to tend to the
needs of their fellow Americans who have served.
We are joined today here by Chairman Sanders, Ranking
Member Michaud, and I believe Mr. Boozman will be here
momentarily. I did see him earlier this morning. We have
Committee Members from both sides of the House and the Senate.
In the interest of time and the tradition in keeping with
the tradition of this joint hearing, I would say that myself
and the Senator as well as the Ranking Members will give
opening statements and then we will ask all other Members if
they would waive their statements for the record.
Of course, there is always an opportunity to add those
statements into the testimony today. Hearing no objection, so
ordered.
I want to welcome the members of each organization's
auxiliary and thank you so much for your hard work in front and
behind the scenes of your organization. We appreciate your
service to our country and your service to your fellow
veterans.
I would like to ask if there is anybody here from Florida.
If you are here from Florida--I know one, two, three. This is
not snow, is it? You guys, this is nothing. You thought it was
going to be something. We are glad to have all of you here with
us today. On behalf of all your neighbors in the sunshine
state, I want to thank you for your service and your sacrifice.
These Committees with your help worked hard in the 112th
Congress to ensure that the commitment America has made to its
veterans remains strong. And, again, in the 113th Congress, we
will look to you and your organizations to help address the
problems facing America's veterans.
Together we reduced veteran unemployment and created new
programs aimed at providing veterans 21st century job skills.
We have vigilantly conducted oversight into all areas of the
Department of Veterans Affairs in order to keep our veterans
safe and to maximize the care that they receive.
And in these difficult fiscal times, there is no excuse for
the waste of funds that have been allocated to taking care of
America's veterans.
While these Committees have worked hard to ensure that the
sequester does not impact VA, we must continue to work to
ensure that our Nation's veterans receive the care that they
deserve and the care that they have earned.
Given the uncertain budget process, Ranking Member Michaud
and I introduced H.R. 813, Putting Veterans' Funding First Act
of 2013. This bill will require Congress to fully fund the
Department of Veterans Affairs' discretionary budget a year
ahead of schedule, ensuring that all VA services will have
timely and predictable funding.
While every one of your organizations has a unique set of
legislative priorities, you also share a common goal, one that
we on these Committees share with you, and that is providing
nothing short of the best for our veterans, their families, and
their survivors who have shared in their sacrifice.
In times like these, the work of organizations like yours
has never been more important. And, again, I say thank you.
I now yield five minutes to my friend and colleague from
the Senate, Chairman Bernie Sanders, for his opening statement.
[The prepared statement of Chairman Miller appears in the
Appendix]
OPENING STATEMENT OF SENATOR BERNARD SANDERS
Senator Sanders. Chairman, thank you very much.
And let me thank all of you who are here and thank you, not
only for your service to our country and your sacrifices that
you and your families made, but also the important role that
your organizations are playing in helping us understand what
the problems are out there so that we can address them.
No matter how well intentioned we may be, and I think we
have two very good Committees here, we cannot do our jobs
unless we are continuously in touch from you and getting
feedback from you because you are on the ground and your people
are accessing services and know what the problems are.
So thanks for being here and we continue to look forward to
working with you.
I think we all recognize that the VA does a lot of things
well. It is easy to criticize, but they also do a lot of things
well. In terms of patient satisfaction year after year,
actually the VA is at the very top of the list in terms of how
folks feel about the quality of health care that they are
getting.
I think a lot of that has to do with the very fine staff
that we have all over this country providing services to our
veterans. And many of those staff, of course, are veterans
themselves.
One of the issues that I am working hard on deals with
budgetary matters. Chairman Miller raised appropriate enough
our concern to make sure that the VA remains adequately funded
now and into the future.
There is an immediate concern that I want to mention to you
and that is the so-called chained CPI. Some of you may be aware
of it. Some of you may not. It is a theory being postulated,
adopted by a number of people here in Congress, that says that
the benefits that disabled veterans are getting have been too
generous historically and that includes people on Social
Security as well.
The result if that so-called chained CPI were to go into
effect would mean that veterans who started receiving VA
disability benefits at age 30 would have their benefits reduced
by $1,425 at age 45, $2,300 at age 55, and $3,200 at age 65.
That is the reality. It does not get a lot of discussion.
It is kind of an inside the beltway process. I hope that you
will join me and many others in saying we do not balance the
budget on the backs of disabled veterans.
In general, there are a number of other issues that are out
there. The claims backlog remains a very, very serious issue.
We are going to be doing a hearing on this next week.
The good news is that the VA is now actually processing a
lot more claims than they used to. People do not know this. The
bad news is that they are not keeping up with the claims that
are coming in. A lot of that has to do with opening up the
doors, appropriately so, for more people, Agent Orange and so
forth.
So we want the doors to remain open. We want veterans to be
able to get the benefits to which they are entitled, but
obviously, obviously, we need the VA to expedite their
transformation process, their IT system so that in a timely
way, veterans are getting all of the benefits that they are
entitled to.
Another issue out there that we will be working on is the
tragedy of the high rate of suicides within the veterans'
community. It is a complicated issue. I do not think anyone
knows the magic answer. I do not think there is a magic bullet
out there, but we have got to address this issue in a serious
way and we intend to do that.
Not unrelated to that, as you all know, is the very serious
problems our young men and women are having coming back from
Afghanistan and Iraq with PTSD and TBI, again very serious
problems that the VA is making an intelligent effort to go
forward, but we need to do more with that.
One of my passions ever since I was in the House from
Vermont is the issue of outreach. And that has to do with the
fact that no matter how good a program may be, it is not any
good at all if a veteran does not know about that program. And
I suspect that there are millions of veterans out there who do
not know about the benefits to which they are entitled and the
services which they can access.
One of the transformations in the military in recent years
has been the fact that more and more women are now in the
military. More and more women are now veterans. How do we make
sure that we take care of the specific health care and other
needs of women veterans? That is an issue that we are going to
work on and that deals also with the issue of sexual trauma, et
cetera, et cetera.
So there is a lot on our table. And I believe that in a
time of political contentiousness, and you all know what is
going on here in Washington, I believe you are going to see
these two Committees, the Committee in the House and the
Committee in the Senate, work intelligently in a nonpartisan
way to address the very, very serious issues facing our
veterans.
And we look forward to working with you and we thank you
again so much for your contributions to our country.
Thank you, Mr. Chairman.
The Chairman. Now, the Ranking Member of the House
Committee on Veterans' Affairs, Mike Michaud.
Mike.
OPENING STATEMENT OF HON. MICHAEL MICHAUD
Mr. Michaud. Thank you very much, Mr. Chairman.
I welcome all the members and leadership of the Veteran
Service Organizations attending today's joint hearing. I
appreciate your coming here today. It is great to see so many
important organizations here and I look forward to hearing your
testimony.
Our Nation has a ``sacred trust'' with all veterans and
their families, a national promise to care for and stand up for
those who have served and sacrificed, the VSOs represented here
today help to ensure that the most important issues facing
America's veterans and their families remain at the center of
the national stage. You fulfill a vital role in the ``community
of support'' America provides our national heroes. I appreciate
that very much.
Mr. Chairman, in order so we can get all the testimony in
before the votes today, I would ask unanimous consent that the
remainder of my remarks be entered into the record.
The Chairman. Without objection.
Mr. Michaud. Thank you.
[The prepared statement of Hon. Michael Michaud appears in
the Appendix ---???]
The Chairman. Thank you very much.
The Chairman. And when Senator Boozman comes, I will ask
him if he would do the same.
The Senate has votes at 10:30 and the House is going to
have votes at 11:00 or 11:30, but we will continue with the
hearing.
I want to first welcome everybody to the table this
morning. The first witness that we are going to hear from, and
I will introduce everybody and then we will proceed down, and
my order may be a little bit out, but if you would just proceed
afterwards, Cleve Geer, National Commander of AMVETS.
Thank you, sir.
Chief Master Sergeant, retired, United States Air Force,
Doc McCauslin, Chief Executive Officer of the Air Force
Sergeants Association.
Doc, good to see you, sir.
Bill Lawson, President of the Paralyzed Veterans of
America. This is where we may have a little bit of a flip. Next
is the Commander Sheldon Ohren of the Jewish War Veterans.
Sir, welcome.
Next we will hear from Dr. Vivianne Wersel of the Gold Star
Wives. Next we would like to extend a special welcome to Mark
Kilgore, National President of the Fleet Reserve Association.
Mr. Kilgore is a resident of Pensacola which is in my district
in the panhandle of Florida.
Started off by saying go Seminoles this morning. I am a
Florida Gator, so I have cut your time in half.
Then we will hear from John Rowan, National President of
Vietnam Veterans of America, then retired U.S. Navy Rear
Admiral Clyde Marsh, President of the National Association of
State Directors of Veterans Affairs, and then finally we will
hear from Gus Hargett, Major General Gus Hargett, President of
the National Guard Association of the United States.
Thank you all for being with us today.
And, Commander Geer, you are recognized for five minutes
with your testimony.
STATEMENTS OF CLEVE GEER, NATIONAL COMMANDER, AMVETS; JOHN R.
``DOC'' MCCAUSLIN, CHIEF EXECUTIVE OFFICER, AIR FORCE SERGEANTS
ASSOCIATION; BILL LAWSON, PRESIDENT, PARALYZED VETERANS OF
AMERICA; SHELDON OHREN, NATIONAL COMMANDER, JEWISH WAR
VETERANS; VIVIANNE CISNEROS WERSEL, GOLD STAR WIVES; MARK A.
KILGORE, NATIONAL PRESIDENT, FLEET RESERVE ASSOCIATION; JOHN
ROWAN, NATIONAL PRESIDENT, VIETNAM VETERANS OF AMERICA; W.
CLYDE MARSH, PRESIDENT, NATIONAL ASSOCIATION OF STATE DIRECTORS
OF VETERANS AFFAIRS; GUS HARGETT, PRESIDENT, NATIONAL GUARD
ASSOCIATION OF THE UNITED STATES
STATEMENT OF CLEVE GEER
Mr. Geer. Thank you.
Distinguished Committee Members, as the national commander
of AMVETS, I am honored to share our concerns and comments on
the issues under the purview of your Committees.
Before I continue with my remarks, I would like to
introduce the national president of the Ladies Auxiliary,
Leslie Wunderle. But due to the weather conditions, she could
not be here this morning. And I wish to thank you, Leslie.
As the fourth largest veteran service organization in the
country, as well as one of the authors of the Independent
Budget, AMVETS has a proud history of assisting veterans and
advocating for veterans' rights and benefits.
Since 1944, AMVETS has been at the forefront of a public
policy related to military and veteran issues and national
defense.
Today, with more than a decade of continuous war behind us,
horrific budget cuts just beginning to be implemented, and the
fiscal uncertainty on the horizon, our men and women in uniform
have remained steadfast in their mission to defend this great
Nation.
This dedication and sacrifice must never be forgotten and
the promises made to this Nation's heroes must be fully and
faithfully honored.
Our servicemembers and veterans do not deserve to be asked
to continue making sacrifices. They do not deserve excuses or
broken promises. They deserve nothing less than this Nation's
full support. They have done the hard work on behalf of all
Americans. Now is the time for all Americans to relieve them of
their heavy burdens.
Without the benefit of a draft, this extended period of war
will leave behind a legacy of unmatched damage to the physical
and mental well-being of our men and women in uniform.
Like the bombed out cathedrals left behind after World War
II, we need to ensure that our veterans are carefully supported
while they are vulnerable and rebuild, returning to their full
strength under the auspices of the VA.
Today's military and veterans' communities are faced with
many challenges and AMVETS is dedicated to aggressively
attacking these issues on behalf of American veterans
everywhere including veterans' unemployment, VA/DoD health care
and mental health, veterans' benefits, women veterans and
servicemembers, national guard and reserve servicemembers,
homeless and rural veterans, POW, MIA recovery and
identification and mortuary affairs.
The problem of veteran unemployment should be seen as a
national disgrace and veterans of every era are being
negatively impacted by this ever-growing situation.
In recognition of those who honorably fought to maintain
the freedoms of those who stayed behind, we as a Nation cannot
do enough to ensure that American veterans get the proper
skills, certification, and education to be more competitive and
successful in the civilian job market.
AMVETS is fighting to ensure that veterans are not unfairly
treated by employers, landlords, or educational institutions
due to the often erroneous misconception that all veterans are
dealing with the negative effects of mental or physical health
issues will not fit into their corporate culture, do not have
the necessary skills and experience to do the job.
This issue of negative stereotyping is creating an
unnecessary burden on our veterans and is also proving to be a
significant barrier to employment.
One of the chief responsibilities of the Department of
Veterans Affairs, VA is providing primary specialty, physical,
mental health care to American veterans.
AMVETS calls on Congress and the Administration to ensure
that VA health care programs are fully funded in a timely
manner so that all eligible veterans are able to receive the
medical services they are entitled to.
Thanks to a decade plus dominated by American military
actions in Iraq and Afghanistan, a new generation of veterans
have become eligible for a wide range of Federal benefits.
Securing those benefits should not involve a nightmare of red
tape, inefficiency, confusion, or frustrations.
We need to find ways to cut through the bureaucratic
inertia and to strengthen efficiencies through coordination and
stimulation on eliminating waste and redundancy across
department and agency lines.
AMVETS believes in the promise made to our military members
and veterans when they agreed to leave their homes and families
to go fight in our stead. It is crucial that veterans' benefits
become a national priority and they must be viewed in the
context of the service and sacrifices performed by our men and
women in uniform.
Among the most crucial issues facing women veterans today
are homelessness, military sexual trauma, MST, and the lack of
gender specific health care. These three issues are the factors
of humiliation and deprivation for women veterans.
How can we as a Nation allow some of our most vulnerable
veterans, many of whom also have children, to be living on the
streets of our cities? It is not right that a woman should have
to fear for her personal safety and not only from foreign
enemies but from her comrades in arms simply because she made a
conscious decision to serve in the military.
AMVETS fully supports H.R. 679, the Honor America's Guard
and Reserve Retirees Act, introduced for the third year in a
row by Representative Walz which would grant veteran status for
national guard and reserve members with 20 years or more in
service.
This cost-neutral bill would not restore any new or
unearned benefits. It will simply provide--I understand my time
is about gone. I appreciate being able to come before you this
morning and I appreciate being here. Thank you.
The Chairman. Thank you, sir. And your complete statement
will be entered into the record. But if you just have a few
more comments, you are welcome to finish.
Mr. Geer. I thank you for your time this morning and the
consideration you have given us to come before you to express
our views and I ask for your continuous support of our
veterans. Thank you.
[The prepared statement of Cleve Geer appears in the
Appendix]
The Chairman. Thank you, sir, very much.
Doc.
STATEMENT OF JOHN R. ``DOC'' MCCAUSLIN
Sergeant McCauslin. Chairman Sanders, Chairman Miller, and
Members of these Committees, good morning. On behalf of our
110,000 plus members of the Air Force Sergeants Association, I
thank you for this opportunity to offer our views on the fiscal
year 2014 priorities for the VA.
Addressing that budget, the Administration has not yet
submitted its budget request, so, therefore, we cannot comment
on the proposal at this time. However, I want to make it clear
that AFSA concurs with the funding levels recommended by the
Independent Budget.
We are particularly grateful with the recent establishment
of advanced appropriations authority for VA health care
funding. We strongly support legislation introduced by Chairman
Miller and Ranking Member Michaud to fully fund the
discretionary budget of the VA a year in advance.
H.R. 813 would make it easier for the VA to plan for their
key investments and ensure that funding for veterans' programs
do not become a casualty of the legislative paralysis we have
seen here in Washington lately.
Regarding sequestration, like our partner associations
represented here today, we are very concerned how this policy
will affect the availability of veterans' benefits. We were
relieved with OMB's announcement that the VA's budget is exempt
from sequestration, but it may take time to fully realize the
true impact of their programs.
The Administration cannot say with absolute certainty that
veterans' benefits will not be affected because many of VA's
efforts are closely tied to those of other Federal agencies who
are subject to that sequestration.
For instance, cuts to the Department of Housing and Urban
Development could result in a reduction of vouchers that are
used to house homeless veterans. Secretary Shinseki and the VA
have made tremendous progress in lowering the number of
homeless veterans on our streets, so let's not undermine those
efforts.
Regarding the integrated electronic health record, we, too,
were very disappointed with DoD and VA's recent decision to
abandon an integrated electronic health record and retain their
respective systems, and they wasted $1 billion of taxpayers'
money.
The issue of suicide is a challenging issue facing the VA.
We were very grateful for Congress to include suicide
prevention and resilience provisions in the fiscal year 2013
NDAA.
We also thank Senator Patty Murray for her tireless efforts
on this issue.
However, the provisions in that Mental Healthcare ACCESS
Act of 2012 which were adopted for the DoD were not considered
for the VA health system and nor has action been taken to fix
this.
The subject of women veterans is noteworthy. We applaud the
Committees for championing women veteran issues in past years.
However, the unique health care of women veterans must be
addressed to ensure that VA program developments match that
shifting demographic.
The disability claims and backlog is still with us. When I
addressed your Committees last March, there were 1.4 million
total claims pending. Today that figure is closer to two
million. More money and people certainly did not fix that
issue.
To their credit, VA processed over one million claims last
year, but it has been unable to catch up with the rising
demand.
AFSA supports a comprehensive, integrated strategy for
improving the claims management system with primary emphasis on
quality decisions at the initial stage of their process to save
reworks and delay.
As a biostatistician, I know the VA can certainly do
better.
Each of our 50 states has a state veterans' home and their
program has proven itself to be the most cost-effective source
of high-quality and long-term health care services for veterans
that need skilled nursing, domiciliary, adult day health care,
and other specialized programs. The cost of providing care at
these facilities is roughly half of what it costs our VA.
Last year, the Committees were instrumental in passing
legislation by Ranking Member Michaud and Chairman Miller that
allowed the VA to enter into programs with state homes. We
believe that additional savings can be achieved by allowing
similar reimbursement of adult day health care services. I
recommend your Committees look into this further and get the VA
to publish their regulation that has taken them nearly four
years to date without a release.
Speaking on veterans' preference, we need a common-sense
approach to our current veterans' preference point system.
Wounded warriors aside, if a military member stood before you
this morning without an arm as a result of their military
service, why in heaven's name do they need to fill out the
paperwork to prove they are a disabled vet and get their ten
points' preference? Surely there is a better way. How about
concurrent receipt?
Thanks to Congressman Gus Bilirakis for his continued
persistence in this area to compensate all eligible disabled
veterans.
Who is a veteran? AFSA supports full veteran status for
reserve component members with 20 years or more service who do
not quality for veteran status under current law.
The House passed H.R. 1025 which was introduced by
Representative Tim Walz last year, but the Senate failed to
move forward on Senator Mark Pryor's companion bill, S.491.
Representative Walz has already reintroduced his legislation as
H.R. 679. Passing it will not cost a penny. It simply bestows
upon them the honorarium of being called a veteran.
We applaud the recent passage of legislation that
authorizes the restoration of the veterans' cemetery at the
former Clark Air Base in the Philippines and places it under
the care of the American Battlefields Monuments Commission.
I want to personally thank Chairman Miller and Congressman
Bilirakis for visiting the Clark Cemetery recently to help get
it up to American standards of dignity.
Related to taking care of military retirees and their
survivors, we want to thank Congressman Joe Wilson for his H.R.
32 with 70 co-sponsors, for his legislation to repeal the SBP/
DIC offset. I am told Senator Nelson plans to introduce a
Senate companion version very soon.
Last, but not least, a proposal called the chained CPI has
been floated in Congress to change how the consumer price index
is calculated. If adopted, it would result in significant cuts
for payments to our senior citizens, military retirees,
disabled veterans, and their survivors.
I thank you personally, Chairman Sanders, for leading
strong opposition to this unconscionable plan.
Chairman Sanders, Chairman Miller, thanks again for this
opportunity. We sincerely believe that the work of the House
and Senate Veterans' Affairs Committee is among the most
important.
On behalf of AFSA members, we appreciate your efforts and,
as always, we are ready to support you in matters of mutual
concern.
[The prepared statement of John R. McCauslin appears in the
Appendix]
The Chairman. Thank you very much, Doc.
Also, for the record, Mr. Michaud and Mr. Walz were both
with Congressman Bilirakis and I at the cemetery at Clark as
well.
Mr. Ohren, are you next or Mr. Lawson? I do not know which
one of you wants to go next, but----
Mr. Lawson. Sir, the reason for the flipflop was because
there is----
The Chairman. Got you. Who wants to go next?
Mr. Lawson. --the leg. I could not get up to the table, so,
anyway----
The Chairman. Mr. Lawson, you are recognized.
Mr. Lawson. I will go. Thank you, sir.
STATEMENT OF BILL LAWSON
Mr. Lawson. Chairman Miller, Chairman Sanders, and Members
of the Committees, I appreciate the opportunity to present the
legislative priorities for 2013 of the Paralyzed Veterans of
America.
It is important to note that funding issues and ongoing
concerns with the claims process generally supersede lesser
issues. That being said, I will limit my remarks today to some
specific issues that impact Paralyzed Veterans' members.
We have developed long-standing partnerships with other
veteran service organizations and are proud to have recently
released the 27th edition of the Independent Budget.
For details on funding recommendations for VA funding and
specifically for veterans' health care, I would encourage you
and your staffs to review the fiscal year 2014 Independent
Budget.
We cannot emphasize enough the importance of ensuring that
sufficient, timely, and predictable funding is provided to the
VA.
We anxiously await the budget submission to be released by
the Administration that will include funding recommendations
for VA programs for fiscal year 2014 and the advanced
appropriations for fiscal year 2015.
Once again this year, Congress failed to fully complete the
appropriations process, instead choosing to fund the Federal
government through a six-month continuing resolution. This
business as usual for funding the Federal government is simply
unacceptable.
For two fiscal years in a row, the Administration's
recommended funding levels were not changed in any appreciable
way and Congress simply signed off on those recommendations
without thorough analysis.
As Congress completes work on appropriations for this year,
I cannot emphasize enough that sufficient funding must be
provided for VA programs.
The VA specialized services are incomparable resources that
often cannot be duplicated in the private sector. However,
these services are often expensive and are severely threatened
by cost-cutting measures and the drive toward achieving
management efficiencies.
Paralyzed Veterans strongly believe that VA remains the
best option for veterans seeking health care services.
Specialized services such as spinal cord injury care which our
members require are part of the core mission and responsibility
of the VA.
These services were initially developed to care for the
unique health care needs of veterans. The provision of
specialized services is vital to maintaining the viability of a
VA health care system.
With growing pressure to allow veterans to seek care
outside of the VA, the VA faces the distinct possibility that
the critical mass of patients needed to keep all services
viable could significantly decline. If primary care services
decline, then specialized care will be diminished.
Paralyzed Veterans is very concerned with the recent
changes that have been made to the VA prosthetics and sensory
aid services. These changes have resulted in delayed delivery
of prosthetic devices, diminishing of quality service delivery
for disabled veterans, and prolonged hospital stays for
veterans waiting for prosthetic equipment.
We have heard complaints from many of our members who have
been negatively impacted by this change. One paralyzed veteran
was forced to spend nearly a month longer in the hospital just
because he had to wait for approval for some adaptive housing
modifications. Leaving him in the hospital put him at higher
risk for contracting other illnesses. We just cannot accept
that.
It is time for Congress or Committees to take an active
role in the oversight of these prosthetic changes. Some VISNs
are trying to make these changes work to best benefit veterans
through a local initiative and freelancing.
It should be troubling to everyone here that there is not a
national standard in place to ensure that this program works
the way it is supposed to work.
In the end, many of the concerns that I have raised reflect
the belief that this is not one VA. While our ears hear one VA,
our eyes and our experiences show us 21 individual VA systems
masquerading as veterans integrated service networks or better
known as VISNs.
The VISN model of health care was intended to create
strategic alliances among VA medical centers, clinics, and
other sites, sharing agreements with other government providers
and other such relationships.
Instead we see VISNs being run like autonomous entities in
a fragmented system with inconsistent policies and budgetary
turf battles that leave many veterans faced with delayed or
denied access to care and prosthetic items.
In fact, Paralyzed Veterans' service officers had to
intervene when one of our members, a 94-year-old paralyzed
marine who fought in World War II, endured a longer inpatient
stay because two VISNs could not decide which VISN would pay
for the Hoyer lift and commode chair that he needed to live
independently.
In the one VA world, it is not his burden. But in this real
instance, he was the unfortunate one caught in the middle of
two independently operating VISNs, thus defying any notion of
there being one VA.
On balance, VA is fortunate to have good people who will
adhere to the principles that veterans come before cost
considerations and policies. Even in times of national economic
difficulty and profound organizational transformation, our
Nation's security is still preserved by the men and women who
take the oath and believe in the country's promise to care for
him or her should they suffer injury or disease.
But until we have 21 VISNs that operate with a common
purpose, under common policies, variability between VISNs will
create even more gaps in which the most vulnerable veterans
will fall. We hear one VA. We would like to see one VA.
Chairman Miller, Chairman Sanders, I would like to thank
you once again for the opportunity to testify today, and I
would be happy to answer any questions you may have.
[The prepared statement of Bill Lawson appears in the
Appendix]
The Chairman. Thank you very much, Mr. Lawson.
Senator Sanders apologizes, but they have called a vote
over on the Senate side. So he asked that I please pass his
apologies on to the witnesses here.
Mr. Ohren, you are recognized for your testimony, sir.
STATEMENT OF SHELDON OHREN
Mr. Ohren. Thank you.
Chairman Sanders, Chairman Miller, and Members of the
Senate and House Committees on Veterans' Affairs, my fellow
veterans, and friends, I am Sheldon Ohren, the National
Commander of the Jewish War Veterans.
Senator Sanders, it was a singular honor for JWV to present
our prestigious JWV Medal of Merit to you at our congressional
reception during our days on Capitol Hill. It was equally
rewarding to JWV to have so many distinguished guests
participate with us.
Mr. Chairmen, on Friday, March 15th, we at JWV will
celebrate our 117th birthday. For all of these 117 years, JWV
has advocated a strong national defense and just and fair
recognition and compensation for veterans.
The Jewish War Veterans represents a proud tradition of
patriotism and service to the United States of America.
Now I would just like to enter in maybe a definition of a
veteran. It might be stated as follows: A veteran is someone
who at one point in his or her life wrote a blank check and
made it payable to the United States of America for an amount
up to and including my life.
Also, George Washington said at one time the willingness
with which our young people are likely to serve in any war no
matter how justified may be directly proportional to how they
perceive veterans of early wars were treated and appreciated by
our Nation.
The Military Coalition, JWV continues to be a proud member
and active participant of the Military Coalition. Past National
Commander Robert Zweiman, JWV's National Chairman, serves on
the Board of Directors of the Military Coalition and, again,
our Executive Director, Colonel Herb Rosenbleeth, army retired,
continues to serve as the President of the Military Coalition
and co-chair of the coalition's Membership and Nomination
Committee.
The Veterans Affairs Department claims backlog recently
edged above the 900,000 mark with 608,365, that is 67.6
percent, stuck in the system more than 125 days. The VA
reported that total disability claims hit 900,121 as of
December 24th, 2012. That is up 24,725, 2.7 percent from the
backlog that existed at the start of the calendar year on
January 3rd, 2012.
America's veterans need to have more confidence in the work
done by the VA.
Blind veterans are of extra concern to JWV. The large
number of IED explosions in Iraq and Afghanistan have led to a
huge number of eye injuries and blinded veterans. In fact,
orbital blasts, globe injuries, optic nerve injuries, and
retinal injuries have been all too common. JWV strongly urges
Congress to ensure adequate funding to care for thousands of
veterans with eye injuries.
JWV applauds the VA for processing nearly 230,000 claims
during June 2012 that involve the three newest Agent Orange
related conditions. The recent expansion of conditions presumed
to be linked to Agent Orange exposure certainly created
additional work for VA which already faces a heavy claims
backlog.
But VA Secretary Eric Shinseki argued correctly that it was
the right thing to do. Decisions about treating and
compensating veterans exposed to deadly toxins must never be
motivated by whether or not the road will be challenging or
costly, but whether or not the veteran has suffered and
requires treatment because of the exposure.
JWV strongly supports the establishment of a unified policy
to deal with the consequences of exposure to hazardous
materials in the military.
VA has promised to devote resources necessary to end
veterans' homelessness by 2015. To formally implement that
pledge, VA is going to have to work closely with Congress to
continue making responsible investments in affordable housing
and supportive service programs to help veterans and their
families.
Current estimates put the number of homeless veterans at
approximately 76,000 on any given night down from the 2011
numbers of 131,000 or more.
JWV recommends providing funding for a broad range of
appropriate and effective interventions including appropriation
of funds for supportive services for veterans' families
programs. Supportive SSVF funds have been used effectively by
community organizations to prevent many veterans from becoming
homeless and to quickly assist veterans who need nothing more
than short-term rental assistance and limited case management
to get back on their feet.
SSVF funds can also be used for employment services,
utility assistance, child care costs, and other housing related
expenses.
Congressional support for the homeless veterans grant and
per diem transitional housing program, this program provides
short-term housing help to homeless veterans allowing them to
get connected with jobs, support services, and more permanent
housing, ultimately allowing them to become self-sufficient.
Promising new models for using grant and per diem funds and
allowing veterans to remain in our GPD housing units once
support from the program ends and new programs focused on women
veterans to help ensure that GPD continues to meet the ever-
changing needs of returning veterans and their families.
Congress should provide 10,000 new HUD-VASH vouchers
designed to serve homeless veterans and many of their families
who need long-term housing, intensive care, management and
supportive services.
Since 2008, 37,975 vouchers have been awarded contributing
substantially to major reductions in veteran homelessness.
Chairman Sanders, Chairman Miller, our great Nation must
care for its veterans. Our country must therefore pay for the
costs involved.
At our national conventions, our members work diligently to
develop our legislative priorities. Our dedicated resolutions
chairman, Past National Commander Michael Berman, works very
diligently to develop our resolutions and to bring them before
our convention delegates.
Following further fine tuning by our convention delegates,
our resolutions are finalized and become our legislative
priorities for the coming year.
We thank you for the opportunity to present them today.
Thank you again.
[The prepared statement of Sheldon Ohren appears in the
Appendix]
The Chairman. Thank you very much, sir.
Dr. Wersel.
STATEMENT OF VIVIANNE CISNEROS WERSEL
Ms. Wersel. The willingness of America's veterans to
sacrifice for our country has earned them our lasting
gratitude, a quote by Congressman Jeff Miller.
Chairman Miller, Members of the Committees, thank you for
the opportunity to testify on behalf of Gold Star Wives of
America.
I am Vivianne Wersel, the widow of Lieutenant Colonel Rich
Wersel, United States Marine Corps, who died suddenly in 2005,
a week after returning from his second tour of duty in Iraq.
The issue that affects all our members is the dependency
and indemnity compensation, otherwise known as the DIC. The DIC
is paid to the survivors of servicemembers and veterans for
their early death on active duty or as a result of a service-
connected cause, payment based on rank.
Later Congress changed the rank base to a flat rate. Today
this calculation of DIC is approximately 43 percent of the VA
disability compensation received by veterans rated with a 100
percent disability.
Survivor benefits for other Federal programs use a
different standard of measurement, 50 percent, not 43 percent.
GSW seeks clarity by using 50 percent of the 100 percent
disabled veterans compensation to calculate the DIC benefit.
Our second legislative issue is the removal of the DIC
dollar-for-dollar offset of the survivor benefit plan, SBP. We
have been told that this Committee would have some jurisdiction
with this issue because Section 5304 in Title 38 needs to be
deleted or changed if SBP is restored to DIC recipients.
H.R. 32, the Military Surviving Spouse Equity Act, if
enacted will remove the dollar-for-dollar offset and would
allow a surviving spouse to receive both SBP and DIC. The SBP
and DIC are two different benefit programs for different
purposes paid by different government departments.
For this example, I am going to use a visual. This is for
the majority of our members. If a surviving spouse is eligible
for both the DIC and the SBP, there is a dollar-for-dollar
offset. So the SBP completely goes away and all she has is her
DIC.
However, if the surviving spouse has that offset and she is
57 years old or older and she remarries, she receives her DIC
and her SBP. All she has to do is remarry to receive her SBP.
Why should we have to remarry to receive our benefits?
Please refer to our testimony because we have other
beneficiary classifications and Jeannette Panini's excellent
article from USA Today.
In 2004, Congress allowed concurrent receipt for 100
percent disabled retirees. Our husbands were 100 percent
disabled and death should not negate concurrent receipt for
both benefits. We should be allowed to receive benefits they
earned.
In 2007, the Veterans Disability Benefit Commission
recommended that surviving spouses of military servicemembers
be allowed concurrent receipt of full SBP and DIC.
GSW's third legislative agenda is improvements of Chapter
35 education benefits. The cost of college education has
increased substantially in recent years. Chapter 35 benefits do
not come close to covering the cost of tuition, books, fees,
and living expenses.
Most Federal education programs have had recent increases
and changes, but Chapter 35 education benefits have been
increased only by COLAs.
Recent proposed legislation requires states to provide in-
state tuition rates for veterans using Federal education
benefits. Surviving spouses and dependents of Chapter 35
education benefits are not included in this legislation.
It is the fiduciary responsibility of Congress to ensure
that all categories of veterans' education benefits are spent
wisely and such protections should be extended to all VA
education chapters.
GSW recommends other issues to be addressed such as the
deferment of the tuition until the student receives payment of
the education benefit as well as allowing all surviving spouses
an unlimited time to use their education benefit.
Year after year, Members of this Committee have championed
the well-being of the deceased veteran's family and GSW is
grateful for your leadership. We ask you to make us a priority
to find funding for legislative issues we have been told are
deemed fixable as soon as money is found.
Our issues are veterans' issues. Because there is the
deceased veteran who earned the benefit as a 100 percent
disabled veteran, that should not disqualify his survivors from
concurrent receipt of the benefits he earned.
Our military heroes cannot be here today to ask you why,
why the benefits they earned or paid for are not recognized,
honored, and fulfilled along with their fellow comrades who are
100 percent disabled. Our spouses died because of their
willingness to sacrifice for their country, but the widows
should not have to lead the battle for equity.
I would like to thank Senator Burr for introducing Gold
Star Wives Day, to make it possible for April 5th to be Gold
Star Wives Day.
And I thank the Committee for allowing me to testify today
and I am here to answer any questions.
[The prepared statement of Vivianne Wersel appears in the
Appendix]
The Chairman. Thank you very much.
Mr. Kilgore, you are recognized.
STATEMENT OF MARK A. KILGORE
Mr. Kilgore. Chairman Miller, Representative Michaud, and
Members of both Committees, good morning and thank you for the
opportunity to share FRA's views on veterans' issues.
First and foremost, our shipmates are concerned about the
impact of sequestration on VA programs and the outlook for
future VA budgets.
Our thank you to Chairman Miller and former Chairwoman
Murray for ensuring that many of the VA benefits and programs
have been protected from budget cuts associated with mandatory
spending reductions.
With that in mind, advanced funding for VA health care
programs must continue and other VA programs must also be
protected from future automatic cuts.
The growing VA claims backlog continues to be a major
concern for our members. Even with significant additional
resources, as of last month, there are nearly 900,000
disability claims pending with 70 percent of those pending 125
days or longer and 317,000 of those are first-time claims.
The Recovering Warrior Task Force believes that the 66,000
returning troops from Afghanistan coupled with the downsizing
of the military will overwhelm the claims systems causing a
tsunami of new claims resulting in more delays and more
challenges.
As I speak, there are hundreds of active duty personnel
throughout the world standing at xerox machines making copies
of their medical records to submit to the VA. That is time
lost, paper wasted.
The integrated electronic health record project offered
great promise. However, it was recently announced that the
program is being downgraded due to budget pressures and higher
costs. This is not good.
FRA shares concern about this change to a promising program
that could improve care to our veterans and help advance the
goal of a truly seamless transition from DoD to the VA.
I am here today to put a face on this concern. I am both a
VA priority group 1 and a TRICARE prime user. In Pensacola,
thanks to Chairman Miller, the two facilities are collocated
and share treatment of active duty and veterans alike. However,
they do not share access to the health records.
Following my annual VA physical at the end of December
2011, I was diagnosed with bladder cancer. Actually, it was a
year ago today. Knowing the availability of immediate access to
the Navy hospital, I went there. They provided me great
treatment.
After my recovery, I made a follow-up VA appointment to get
paper copies of my six months worth of treatment and my VA
doctor spent 25 minutes of my 30-minute appointment speaking
about the need for electronic medical records as the VA now
would have to scan my records into their computers.
This past December, I was privileged to be in Hawaii to
commemorate the 61st anniversary of the Pearl Harbor attack.
Unfortunately, I was admitted to Tripler Army Medical Center
with a perforated colon.
My treatment was exemplary and made even better by the fact
that the Army was able to access my health record at Naval
Hospital Pensacola which prevented an unnecessary and very
serious surgery they initially wanted to perform.
One concern during my entire treatment process was being
continually asked about being on Medicare. When I told my
doctors no, they all said good. I realize the Doc Fix
Reimbursement Rate program is not under your jurisdiction.
However, I wanted you to know that that is a real concern
outside the beltway.
So much for me. Another priority issue is expanding
presumption for blue water veterans exposed to Agent Orange
during the Vietnam War. We urge support for legislation
addressing this issue.
We strongly support joint DoD/VA efforts to invest in
research to improve diagnosis and treatment of both post-
traumatic stress and traumatic brain injury.
Our other issues are addressed in our complete statement
including authorization of Medicare subvention for VA, suicide
prevention, improving care for women veterans, and restarting
priority group 8 veteran enrollment.
Thank you again for braving this bad weather for the
opportunity to offer recommendations and thank you for your
efforts on behalf of our veterans and all you do every day. I
am pleased to answer questions.
[The prepared statement of Mark A. Kilgore appears in the
Appendix]
The Chairman. Thank you very much.
Mr. Rowan.
STATEMENT OF JOHN ROWAN
Mr. Rowan. Good morning. Chairman Miller, Ranking Member
Michaud, and Members of the Committees, particularly the new
Members, we welcome you to this wonderful Committee and to the
work that they do on behalf of veterans.
I would right off the bat like to tell Senator Sanders who
unfortunately had to leave that we have gone on record in
opposition to the chained CPI proposal.
This is now my eighth year of testimony before these
Committees. Unlike some of my colleagues, I get to hang around
for a while.
The claims issue obviously everybody talks about and we
know the backlog and the problems about it.
We are a little bit optimistic with the implementation of
the Veterans Benefits Management System, particularly with its
open architecture and the fact that they actually are talking
to the users. On a weekly basis, they are talking to the folks
in the field who actually use this thing and are making patches
both weekly and on monthly updates. And the system seems to be
hopefully getting better.
One thing that has not been talked about very much,
although it was mentioned by, I believe, one of my colleagues,
is the non-rating items. The simple clerical addition of adding
a spouse or a child to your benefits so that you can get the
extra dollars that comes along with dependents seems to take
forever.
I mean, my director of veterans' benefits who is a 100
percent disabled veteran had a baby seven months ago and
immediately obviously applied for adding the dependent. They
still have yet to get that straightened out. That is taking way
too long.
The area of mental health, obviously there are all kinds of
issues going on with that, that we are very concerned about.
One of the things that concerns us, however, is the management
within the VA. There are three management positions, two of
which are already vacant and one that is about to be vacant.
The chief consultant for mental health, the VET center
chief have retired, both of them, and Matt Friedman, the
Director of the National Center for PTSD, is leaving soon.
We are concerned that the VSOs need to be consulted about
their replacements and that the VA should create a search
committee involving the veteran service organizations.
And we are asking the Senate and House for a four-corners
letter to the VA to open up the recruitment for these
positions. If VA does not do so, we ask the Congress to pass a
law mandating this. The VA needs to listen to the VSOs on
mental health issues.
With regards to suicides, we are all appalled at the
suicide rate inside the military. However, most people do not
realize it is us older veterans who are committing suicide.
Seventy percent of the veterans, 70.3 percent of the veterans
who commit suicide are over the age of 50. That is us, the
Vietnam era and older, frankly. Even the really older veterans
unfortunately are still committing suicide.
So while the VA obviously has to focus on what is going on
with the younger veterans returning and dealing with their PTSD
and other issues, they need to talk about the older veterans as
well, many of whom PTSD is now coming back to haunt them now
that they have retired.
We also are coming out with a new program this year to deal
with the toxic legacy not only of Vietnam but even of the
present day. We are proposing a new law called the Veterans
Family Prevention, Health, Maintenance, and Research Act of
2013 and we are hoping to get some sponsors for it.
Among the many things that we would hope to see included in
this, obviously the whole issue of the medical records and the
health records. We think, frankly, that the DoD should just
adopt VistA and get it over with and stop wasting money and
time.
We need a database registry within the Veterans Health
Administration like Hep C the registry to talk about all the
different toxic exposures not only here but stateside as well.
I mean, we have seen the problems with many of the bases in the
United States who have all kinds of issues going on, not the
least of which is Camp Lejeune.
A national center for the treatment of health conditions
suffered by the progeny of veterans exposed to toxic substance
and an advisory committee to oversee that, and an office of
extramural research. We need more research, period, on all of
the exposures.
I talked to somebody once about all of the issues regarding
Agent Orange and what it really boiled down to is occupational
medicine. If somebody told you I was a coal miner, they would
say, fine, let's check out your lungs.
Well, if I tell you I am a Vietnam veteran, they should
check out a whole lot more than just my lungs. And if you are a
new veteran coming back from Iraq and Afghanistan, they need
all kinds of things checked out as well. And, again, we think
an advisory committee to oversee doing that.
And also, the idea of a coordinated national education and
outreach campaign for all veterans to tell them what is going
on with them, what they have been exposed to, and what they are
entitled to by the VA.
And just an aside issue on that, spina bifida is the only
disease of children that the VA has accepted as being Agent
Orange related. They were guaranteed by the VA in official
testimony in front of your Committees that the children of
Vietnam vets with spina bifida would receive all kinds of
custodial care. The VA has reneged on that and we think they
should be held accountable for that.
And as an aside, frankly, we are urging everybody to be
sworn under oath. I am willing to swear and you will take all
my testimony under oath. And I think the VA should be asked to
do the same and maybe sometimes we will not get this
conflicting testimony.
Last, but not least, is the issue of accountability. We
have thrown millions at the VA, billions, and that is fine.
They need it. But now they need to be held accountable for what
it is they are doing with all those billions.
And it was interesting my colleague who talked about the
issue of VistA and their little fiefdoms out there. That whole
reorganization may need to be revisited.
And I look forward to answering any questions you may have.
Obviously my written testimony contains a significant amount of
more issues than these. Thank you.
[The prepared statement of John Rowan appears in the
Appendix]
The Chairman. Thank you very much.
Admiral Marsh.
STATEMENT OF W. CLYDE MARSH
Admiral Marsh. Chairman Miller, Chairman Sanders,
distinguished Members of the Committee, as president of the
National Association of State Directors, I am honored to
present comments on their behalf.
We are the second largest provider of services to veterans
and our rolls continue to grow. Collectively, states contribute
more than $6 billion each year in support of our Nation's
veterans and their family members even in the face of
constrained budgets.
We are serving a new generation of veterans from a decade
of war who must receive medical care, establishment of
benefits, special assistance transitioning to civilian life
after honorable service.
Full funding support from Congress will provide resources
to address VA's three major areas of emphasis, access to VA,
eliminating the backlogs and claims processing, and
establishing or at least eliminating homelessness among our
veterans.
NASDVA strongly supports increased efforts for outreach to
veterans. Many areas of our country are still under-served.
NASDVA urges the implementation of a grant program that will
allow VA to partner with the states to perform outreach at the
local level and development of a comprehensive database.
NASDVA supports the recommendation of the Veterans Benefits
Disability Commission to update the VA rating schedule, realign
DoD and VA process for rating disabilities, and develop new
criteria specific to rating post-traumatic stress disorder.
We applaud the efforts of VA to address particular issues
of health care for women veterans, military sexual trauma, and
veterans residing in rural areas. Future health care funding is
crucial to expand outreach and access to include telehealth,
telehome health, and telemedicine.
We shared a concern about the mental health of service
personnel and veterans, especially the number of suicides and
long-term effects of PTSD.
We appreciate the proactive steps such as suicide hotline
and addressing the underlying causes for suicide. However, more
still needs to be done since suicide rates exceed current
combat casualties.
NASDVA recommends an in-depth evaluation of long-term care
and mental health services to include gap analysis, identifying
where services are lacking. Future studies should include
consultation with state directors.
NASDVA recommends a greater role for state VA and overall
efforts to manage and administer claims processing.
Collectively, we have the capacity and capability to assist the
Veterans Benefits Administration.
Access to VBA data systems and uniform paperless claims
software will enhance service officer integration in the
delivery of benefits and services to veterans.
NASDVA strongly supports VBA's development of the
electronics claim processing system.
We continue to be concerned that the census does not count
veterans or disabled veterans other than through the America's
Community Survey which is only a ten-percent sample of the
population and not a hard count. We urge Congress to mandate
counting veterans in the next census.
With the important passage of the Post-9/11 GI Bill, the
mission of state approving agencies were expanded with more
compliance requirements, but no additional resources were
provided.
We are in agreement with the veteran service organizations'
support of the distinguished Warfare Medal, but the order of
precedent should not be above the Bronze Star Medal or the
Purple Heart.
We recommend that the fiscal year 2014 budget proposal of
$46 million for state cemetery grants programs be increased to
at least $50 million to address the pending construction
grants.
As partners with the VA, we are focusing on addressing the
multiple causes of veterans' homelessness such as medical
issues both mental and physical, legal issues, limited job
skills and work history.
It is vital to continue the partnership with the community
organizations to provide transitional housing and VA
partnership with public housing authorities to provide
permanent housing for veterans and their families.
Currently, the Bureau of Justice Assistance in conjunction
with the National Drug Court Institute offers orientation and
training grants to jurisdictions interested in establishing
veteran treatment courts. A good example of grant funding is
Alabama's establishment of 12 veteran treatment courts.
State directors respectfully request support for increased
multi-year funding to the Bureau of Justice Assistance so that
more jurisdictions can participate in veteran treatment courts.
Regarding the chained CPI, if it reduces disability
payments, affects retirement and elders, NASDVA does not
support it.
Mr. Chairman, thank you for the important work that your
Committee is doing to improve support for our Nation's veterans
and thank you for allowing us to participate in these important
hearings.
[The prepared statement of W. Clyde Marsh appears in the
Appendix]
The Chairman. Thank you, sir.
General Hargett.
STATEMENT OF GUS HARGETT
General Hargett. Thank you, Mr. Chairman. Thank you for the
opportunity to be here today to testify on behalf of our
members.
First, I would like to testify in support of H.R. 679
sponsored by Congressman Tim Walz which provides recognition to
all members of the guard and reserve who have honorably served
for 20 years and more and who draw a retirement as a retired
military person.
This group which swore an oath to our country through no
fault of their own has written the government a blank check to
send them anywhere in the world to defend our country. But
because they were not called to active duty under Title 10
status, they are not allowed to call themselves veterans.
They have performed duty in Title 32 status and Title 10
status around the world including domestic emergencies,
overseas deployment training, guarding the borders, the
airports. But because this time was not recognized under Title
10 for other than training, they are not considered veterans.
You know, I would like to offer a little email that I got
from a veteran the other day who was a retired one star general
who served 35 years in the guard and reserve. And his email was
something to the effect that he went to a Veterans Day parade
and he was not allowed to stand as a veteran because he was
never mobilized.
But, yet, a young specialist who he had ordered to active
duty in Vietnam, because he was AWOL from the national guard
and because he was ordered to active duty, he was able to stand
as a veteran.
This legislation is cost free. It does not cost anybody
anything. It has been passed by the House unanimously for two
years in a row. I urge all of you to pass this bill. Let's pass
it through the Senate and all the Houses and honor those who
have written this Nation a blank check.
The other thing I would like to ask this Committee to look
at is the guard disability benefit claim denial rate. Guard
claims are denied at four times the rate of active duty
members. I suspect there are many reasons for this. I think
some of them have been addressed here today because of lack of
understanding amongst our guardsmen.
I know when I retired, I asked AMVETS to come and help me
and I was able to learn a lot that I did not know about what we
had to do to qualify for retired benefits.
So I would like to ask this Committee to try to figure out
why guardsmen and reservists' denial rate is four times that of
active duty members.
Like all other veteran service organizations here today, we
are also concerned about the impact of sequestration. I think
it will have adverse effects on all of our veterans, our
veteran service organizations, and the ability to treat all of
our veterans in a manner that I think we owe to all of them.
Mr. Chairman, I thank you for the opportunity to come today
and testify on behalf of all of our members of the National
Guard Association. I urge all of you to continue to support our
veterans and our active members. Subject to your questions,
thank you.
[The prepared statement of Gus Hargett appears in the
Appendix]
The Chairman. Thank you very much.
Again, thank you all for your testimony.
Mr. Lawson, if I can come back to you, and it has been
referenced a couple of times in other testimony the fact that,
I think you said that the VISN model had devolved into 21
autonomous entities.
If they were to do away with the VISN framework, how would
you foresee them being able to manage what they do?
Mr. Lawson. Well, I am not actually saying they need to do
away with that model, Congressman. What I am saying is that
they all need to operate under the same policies. Each VISN
operates separately under their own policies and budgets.
An example, I am going to use myself, I get my primary care
in Oklahoma City VA Hospital. I get my specialized care in the
Dallas VA because they have a spinal cord injury center there.
The wheelchair that I am sitting in was issued to me by
Dallas. When I was in Oklahoma City and I needed some new front
wheels for this chair, I was told from Oklahoma City we cannot
issue that to you. You will have to go back to Dallas.
I do not understand why. I mean, it is one VA. Let's just
pay for what is needed and the two VISN directors can fight
over it later on as far as who is going to pay for that.
I believe that the VA budget is one budget, but it just
does not make sense that to cross VISN lines, you have to re-
register. If I go to another VA that is in a different VISN, I
have got to re-register with that VA if I have to get some care
there.
In actuality, the VISN that Oklahoma City is in, I am
supposed to go to Houston to the spinal cord injury center
because that is the VISN and that is the budgetary boundaries
and all this.
But I thought to myself why should I drive through Dallas
that has an SCI center, then bypass San Antonio that has an SCI
center to go to Houston that has got an SCI center. It does not
make sense.
If we could revise this to where we operate under all the
same policies, I think it would greatly help.
The Chairman. Thanks.
Doc, you had said in your testimony that VA needs to pursue
new ways to deliver mental health services. I would like to
know your opinion. What areas outside of the standard box does
VA need to be exploring for provision of mental health
services?
As we all know, it is growing at an alarming rate with all
those returning home and new veterans entering into the system.
The suicide rates that we see, VA is trying to keep up with the
problem. But unfortunately with mental health issues, a backlog
is not acceptable.
Sergeant McCauslin. Yes, sir. I think the first thing we
need to do is look at some outsourcing because they simply do
not have the resources, the technicians and the specialists.
And so they have been overwhelmed.
And so if you are inclined to need that service, you call
and there is a backlog. You know, they will talk to you on the
phone, but in order to get in to get an appointment, there is a
tremendous backlog. They just do not simply have the resources.
So it is time to start looking at outsourcing where those
specialties are throughout the country by region. And the same
thing goes, as I mentioned earlier, on the domiciliary care,
the adult health care for the state veterans' home. Same thing.
They do a better job than the VA and these people are not
taking a bed overnight. They are coming in one, two, three days
at the max a week for their care and they go back home.
So we need that agreement between the VA and the state
veterans' homes to provide the same thing.
The Chairman. Thanks.
Mr. Michaud.
Mr. Michaud. Thank you very much, Mr. Chairman.
My first question is similar to the Chairman to Mr. Lawson.
I liked your comment about one VA which I believe strongly
and not only within the VISN but the silos between VBA, VHA,
cemetery is great as well and looking at how can we not just
talk about one VA, but actually have one VA. Appreciate your
comments.
Have you given any thought at your organization about
restructuring VA?
We just came back from a CODEL (sic) where I know in the
Philippines, they have someone in charge in the region and you
have got VHA, VBA, cemetery. They report to that person in
charge and it seems to be working extremely well. I think that
would also help the secretary, administer his policies down to
the different regions.
Have you given any thought about that?
Mr. Lawson. Well, personally I have. You know, before they
developed these veteran integrated service networks, I believe
the VA was basically broken down into four regions. I do not
see why that had to be changed. It seemed like it was working
well.
When they developed the VISN concept, what it was supposed
to do is establish an office in certain areas to where they
could build relationships amongst other VA medical centers and
all that.
And actually, I believe that personnel that were going to
be required for this was very minimal, but today it is a big
bureaucracy at every one of those VISNs. I mean, the staff has
grown tremendously and I see that as throwing a lot of money
away.
A veteran can go to one VISN and he can get a particular
prosthetic item issued to him. He can go to another VISN and
they will deny that very same piece of equipment. So as I say,
with this concept of them operating autonomously is where the
problems come in.
I mean, we have Federal regulations that mandate how VA is
supposed to do things. There are directives and all this
other--that here--is what you need to provide. It is veterans'
choice on wheelchairs, this, this, this. But when you go to
different VISNs and it is not the same. I personally would
prefer that we go back to the four regions.
Mr. Michaud. Thank you.
Next one is for Doc.
You mentioned about the adult daycare services and I know
the veterans' home in Maine is thinking about building a
facility right on the same complex as a CBOC.
Have you talked to the veterans' home nationally to see if
that is something that they are interested in doing and
participating in the adult daycare services for our veterans?
Sergeant McCauslin. Thank you, sir.
In fact, this past week, I believe it was Tuesday, I went
to their winter convention downtown D.C. and we addressed that
very issue. And so they are asking why can't the VA publish
their regulation to get this across the country. It has been
four years.
So there are three states that are doing it right now, but
the rest of them are holding back because there is no
correlation with the VA.
Mr. Michaud. Thank you.
My last question is for Mr. Rowan.
You mentioned about if a veteran adds a dependent and it
takes so long to get the claim through. One of the concerns, I
have, and I know the VBMS system is a tool, but you have to
look at policies and how to make that system work.
Have you found cases where a veteran might have ten
conditions, VBA approves nine of them, but they are waiting for
the tenth one before they get disability payments? Is that
common throughout the system?
Mr. Rowan. They are supposed to handle that separately,
but, you know, that may fall through the cracks. Just like the
VISNs are different, the VA regional offices are unfortunately
different as well. We see that some claims get different
percentages depending on which VISN you go to.
You know, the thing about the dependents and adding them on
is the fact that the raters get no credit for it. So because
they are all desiring to get their full credit so they can get
paid, they slough that stuff off and maybe once in a year they
will put a bunch of people together to clean up the backlog.
Well, I understand all of that and I can even understand
the priority issue, but they ought to be able to do it on a
more timely basis either weekly or monthly. You know, you want
to do it once a month, do it once a month, but do not do it
once a year.
Mr. Michaud. Okay. Thank you.
I yield back, Mr. Chairman.
The Chairman. Mr. Walz.
Mr. Walz. I would yield my time to Mr. Boozman if he walked
in.
The Chairman. You sure? He gets to stay behind after we
leave, so----
Mr. Walz. I like that he is going after the Senate. It
might segue well to my comments that are coming, so thank you,
Mr. Chairman.
Thank you all for being here and to the folks who braved
the snow-quester to get here and testify on a really important
issue. I am always grateful.
I think you hear it a lot, but I think it is important to
remember. You being here and speaking with that moral authority
makes all the difference in the world.
I am convinced there are some that just think they are
going to wait us out, us until we lose, you until you die, and
then move on as business as usual. We cannot allow that to
happen.
And I said no matter what the time, a moral argument cannot
be trumped by a fiscal argument. If there is a responsibility
to do what is right in this Nation and prioritizing, as you
heard the Chairman say, putting things first, we need to do
that.
So I am grateful for you being here. Thank all of you for
your testimony on 679. That bill does not cost us a dang penny.
It does cost us, I think, our dignity and our integrity for not
recognizing and allowing to be recognized by other Americans,
those who did their service.
The general is right. It passed over here. I would
encourage my Senate colleagues to figure out what the hangup is
on that thing because we are starting to be a little cynical
about it. There is no reason not to let it go. So I am
appreciative of that.
I will say, too, that some of you mentioned this, I along
with my colleagues, got to witness a demonstration in San
Diego. Down in the southern California area, the electronic
medical record that is working together with VA, with DoD, with
Kaiser Permanente, and the private sector, we witnessed it
working.
If that can be the norm and go, I think what you are going
to see--and you have brought up a great point, Mr. Kilgore.
This is not only a money saver. This saves people's lives.
Electronic medical records are a key to making sure we get the
right care.
In this Nation, we have about 90,000 deaths by medical
errors that happen every year in our private hospitals across
the country. A lot of those can be alleviated by having proper
data at the hands of the physician. So I appreciate you pushing
this.
If I could just ask you by a show of hands how many of you
realistically think that the VA is going to get their
processing times down to 125 days by 2015.
And I say that. You are not a cynical bunch. You are an
optimistic bunch. You are problem solvers. You are doers. So we
have a real challenge with this, that I talk to people and I,
too, have watched with my colleagues. We ask this to people who
are in charge of this and they say yes. And I make the analogy
it is just like sports teams. Everybody wants to win. Some just
do a little better job of preparing to win.
And I am very concerned that I do not question the desire
to get it down. I do question if we are going to get there. And
this thing causes all kinds of problems. It is a broken record,
I know, but we have got to bust this thing.
So anything you can do or any ideas you have pushing
forward would be greatly appreciated.
And, Mr. Rowan, I share your concerns, too, that I think,
again, going back to the moral argument, there has not been
enough research done on these dependents, on these children. It
is not just going to be Agent Orange. It is going to be Gulf
War. It is going to be depleted uranium. It is going to be all
the other issues that go forward.
And I think we as a Nation, once again, it is not just
doing the right thing. The better research we have earlier on,
we can prevent some of these things, I think, and that in
itself is the right thing to do, right way to save money.
So I appreciate your dogged commitment to making sure we
get that.
With that, we know what we have to do. You hear us. It is a
matter of results that matters. The talk is nothing. The
results matter. And I think you being here makes sure those
results are going to get here.
I yield back.
The Chairman. Ms. Brownley.
Ms. Brownley. Thank you, Mr. Chair.
And I do not have any specific questions, but I just wanted
to say that I am one of the new Members on this Committee and
Ranking Member on the Health Subcommittee of this Committee.
And I just want to first thank all of you for your past
service and your current service. And I am listening and am
listening very carefully and methodically and I know that it is
clear to me that the challenges are growing which is going to
require us to really step up to the plate like we have never
done before.
And I think that none of these challenges, as Mr. Walz was
saying, results is the key here, but none of these challenges,
I think, are insurmountable. But I do believe and I do believe
that every single veteran would never have signed that blank
check if they thought the challenges of our country were
insurmountable.
And so it is incumbent on all of us to step up to the plate
and make sure that the resources are there for us to serve our
veterans today and knowing that the challenges are growing and
growing here very, very quickly, that we are able to meet those
challenges as well. And I look forward to partnering with you
to make sure that we can accomplish that small challenge.
The Chairman. Mr. O'Rourke.
Mr. O'Rourke. Thank you, Mr. Chairman.
I want to start by thanking you for your service to our
country and for your service to your fellow veterans and to
tell you that I am also a new Member. And it is a big honor and
privilege to represent you and the veterans in my hometown of
El Paso, Texas here on this Committee and in this Congress.
And you have also done a great service in highlighting and
outlining the challenges and sometimes outright failures of the
Federal Government in owing up to its side of the bargain and
meeting its obligations to you and your fellow veterans.
And so one question I have for you is who in this country
is getting it right on a state level or on a local level?
Congressman Walz mentioned the electronic medical records
in San Diego. We heard testimony last week of VBA in Pittsburgh
turning around claims in 30 days. I know some states have
pioneered workforce transition and hire a vet programs.
Can any of you and perhaps Mr. Marsh identify some of those
best practices and best performing communities and states that
we can draw an example from and learn from at this level?
Admiral Marsh. I think the one that I would point to is
regarding the claims processing and backlogs. The VA is in the
process of rolling out VBMS which is an electronics claims
processing system, but we have a number of states that have
their own electronics claims filing system. It is not a true
database, but it is where we maintain all the veterans'
information and do the processing. And what we are doing is
that creates transparency. It makes it easier to work with it.
And also, we will be able to tie into VBMS via portal once
that is operational. And there are 20 some states or more that
have that, but we have got a task force that is working with
the VA as they develop VBMS so that it will be able to operate
in all the states that have their systems and then those who
bring on their systems that could connect to VBMS. And I think
that is going to help with the overall processing of claims to
reach veterans.
Now, the other thing is that we need what that one state
has and that is a database. It is a veterans' database with all
the veterans' information in it and it is accessible. So you
can use that to identify all your veterans, contract those
veterans, do outreach, and you can target down to specific
problems or illnesses, if you will, so that you can look at
those as a segment or study or treat and do outreach.
So those are two things that I would point to.
Mr. O'Rourke. Are there any states specifically that you
would point this towards who are implementing this and sharing
this data on a level that, you know, are superior to what we
are doing or what other states in the country are doing?
Admiral Marsh. The one state that I mentioned is Utah that
has that database that they created with the help--I think they
got some help from rural health in the VA department. But the
states that are participating with the IT development of VBMS,
that task force is Virginia, California, Kentucky, San Diego,
and Utah. And that is who developed this system so that it will
be compatible and able to connect to all the states so that
everybody will be connected.
So when a claim is submitted at any state, it has
visibility in VA headquarters or anywhere. Anybody can look at
that information if they go into the database and pull up a
file. That is how transparent and accessible it should be.
Mr. O'Rourke. Thank you.
Mr. Chair, I yield back.
The Chairman. Mr. Ruiz.
Mr. Ruiz. Thank you, Chairman.
And thank all of you for trekking this snow and for
traveling so far from your homes and the comfort of your homes
to stand up for something that you really believe in.
And as I said before, you know, we owe our veterans more
than just lip service. And I am committed to making sure that
we come together to find out what the solutions are.
I am a new Member of Congress. I am from the Palm Springs,
California area. It is a place where a lot of veterans like to
go and retire. So a lot of the issues that I hear here are very
similar to what I hear in my district.
Funding for veterans' benefits and health care services is
without question a top priority for me and Congress. And as a
new Member of Congress, I look forward to getting to know all
of you and your departments and organizations and together work
to improve the veterans' health care services and benefits.
I had the opportunity to review this year's Independent
Budget and I appreciate the VSOs' insight on the Department of
Veterans Affairs' funding levels for fiscal year 2014. Although
we currently operate in a challenging fiscal climate, I believe
that we must make a concerted effort to work together in a
bipartisan manner to ensure that the VA delivers the quality of
health care for veterans they deserve.
I am an emergency medicine physician, so when I talk about
to ensure high-quality care, I really mean high-quality care.
I am looking forward to hearing more statements in the
future about the VA budget for fiscal year 2014 as well as the
other legislative priorities of the organizations that are
here. My doors are always open.
And I yield back my time.
The Chairman. Thank you very much.
And I will now recognize Senator Boozman.
OPENING STATEMENT OF SENATOR JOHN BOOZMAN
Senator Boozman. Thank you very much, Mr. Chairman.
I apologize for being late. We actually had votes on our
side and I know that the guys and gals have to clear out now
and go vote.
The Chairman. Yeah, one vote a week, right?
Senator Boozman. As you can tell, I do not get any respect
over here at all anymore. But I do want to compliment the
Chairman and the Ranking Member, the tremendous job that they
do. You know, this truly is, and, again, you know, Senator Burr
and Senator Sanders, you know, everybody working together. But
that really is what it is all about.
So I apologize for being late. I really do not have any
questions. I just want to thank you for being here, especially
on a very difficult day. I cannot tell you how much we
appreciate you being up here in the sense that we are trying to
push things forward, but there is no substitute for you all
being here and helping us do that. All of you all we enjoy
working with.
I particularly know that it works in the sense that, you
know, my dad retired from the air force after 20 years as a
master sergeant and I do not think I was ever over at his house
that that publication was not out on the coffee table. I know
that whatever, you know, was out, he read cover to cover and
kept up.
The other thing that I understand and the Committee
understands, but I think in particular at the latter stage of
his career, he was in recruiting, and I understand that the
things that we are talking about are earned benefits. You know,
it is not something that, you know, that is given, but they are
earned benefits.
And also, the other day when Senator Rubio was introducing,
you know, somebody from Florida that was testifying on behalf
of veterans, he said at the close that they were there for us
and we need to be there for them meaning you guys. And so that
is our commitment.
We really do appreciate all you do. Look forward to working
with you. I know we have discussed a bunch of issues today and
we are going to be discussing those this Congress, but
certainly our intent is to help any way we can.
So thank you very much.
The Chairman. Thank you very much, Senator.
Thank you, everybody, for being here today. Regardless of
inclement weather or threat of inclement weather, we certainly
do appreciate it. And hopefully we will see a little snow later
on today. Look forward to seeing folks at PVA tomorrow.
And I would ask unanimous consent that all Members would
have five legislative days with which to revise and extend
their remarks and add any extraneous material. Without
objection, so ordered.
And with that, ladies and gentlemen, thank you, and this
hearing is adjourned.
[Whereupon, at 11:34 a.m., the Committee was adjourned.]
A P P E N D I X
----------
Prepared Statement of Chairman Jeff Miller
Joint Hearing of the House and Senate Veterans' Affairs Committees
to Receive the Legislative Presentation of AMVETS, Air Force Sergeants
Association, Paralyzed Veterans of America, Jewish War Veterans, Gold
Star Wives, Fleet Reserve Association, Vietnam Veterans Association and
the National Association of State Directors of Veterans Affairs
March 6, 2013
This hearing will come to order.
Good morning.
It is my privilege to welcome you to today's joint hearing of the
House and Senate Veterans' Affairs Committees to receive the
legislative presentations of AMVETS, the Air Force Sergeants
Association, Paralyzed Veterans of America, Jewish War Veterans, Gold
Star Wives, the Fleet Reserve Association, Vietnam Veterans
Association, and the National Association of State Directors of
Veterans Affairs
These groups represent what is truly great about the veteran
community--that veterans and their families, no matter what generation
or branch of service, continue to tend to the needs of their fellow
Americans who have served.
We are also joined here today by Chairman Sanders, Ranking Member
Michaud, and Ranking Member Burr as well as Committee Members from both
the House and the Senate.
In the interest of time and in keeping with the tradition of these
hearings, after hearing from myself, Chairman Sanders, Ranking Member
Michaud, and Ranking Member Burr, I would like to ask all other
Committee Members to waive their opening statements.
There will be an opportunity for remarks following today's
testimony.
Hearing no objection, so ordered.
I would also like to welcome the members of each organization's
auxiliary, and thank each of you for your work behind the scenes.
The energy and attention that the auxiliaries bring to these issues
ensures that no one is overlooked.
Thank you all for your service to our country and your service to
your fellow veterans.
Before we go any further, I would like to take a moment to
recognize the members of the different organizations who - like myself
- are proud to call Florida home. Gentlemen and ladies, would you
please stand?
On behalf of all our neighbors in the Sunshine State, I thank you
for your service and your sacrifice.
These committees, with your help, worked hard in the One Hundred
and Twelfth Congress to ensure that the commitment America has made to
its veterans remains strong. Again in the One Hundred and Thirteenth
Congress, we will look to you and your organizations to help us address
the problems facing America's veterans.
Together we reduced veteran unemployment and created new programs
aimed at providing veterans Twenty First century job skills.
We have vigilantly conducted oversight into all areas of the
Department of Veterans Affairs in order to keep our veterans safe and
to maximize the care they receive. In these difficult fiscal times,
there is no excuse for the waste of funds allocated to taking care of
our veterans.
While these committees have worked hard to ensure that the
sequester does not impact VA, we must continue to work to ensure that
our Nation's veterans receive the care they deserve.
Given the uncertain budget process, Ranking Member Michaud and I
introduced H.R. Eight Hundred and Thirteen: Putting Veterans Funding
First Act of Two Thousand and Thirteen.
This bill will require Congress to fully fund the Department of
Veterans Affairs discretionary budget a year ahead of schedule,
ensuring that all VA services will have timely and predictable funding.
While every one of your organizations has a unique set of
legislative priorities, you also share a common goal, one that we on
these Committees share with you: providing nothing short of the best
for our veterans, their families, and their survivors who have shared
in their sacrifice.
In times like these, the work of organizations like yours has never
been more important.
Thank you all once again.
Prepared Statement of Hon. Michael H. Michaud
Good Morning.
I welcome all of the Members and Leadership of the Veteran Service
Organizations attending today for this joint legislation presentation.
It is great to see so many important organizations here today, and
I look forward to hearing the priorities set forth in your testimony.
I want to take a moment to recognize those of you who have traveled
from Maine. Thank you for making the trip.
Our Nation has a ``sacred trust'' with all veterans--a national
promise to care for and stand up for those who have served and
sacrificed. The VSOs represented here today help to ensure that the
most important issues facing American veterans remain at the center of
the national stage. You fulfill a vital role in the ``community of
support'' America provides its national heroes.
As you know, the Administration has delayed the release of its
FY2014 budget proposal. While VA programs are spared from the effects
of sequestration, that does not mean that veterans will be left
unaffected in their capacity as citizens. State and local government
services--services on which our veterans rely--will come under
additional strain.
In many ways, the VA is facing unprecedented challenges as it
continues to serve the veterans of the Second World War, Korean War,
and the Vietnam War as well as those just now returned from the Middle
East. Together, we must work to ensure everyone who has stepped up to
serve this Nation is served by this Nation. No one should fall through
the cracks.
I look forward to your testimony today, and again thank you for
your organization's years of service to our veterans.
Prepared Statement of Cleve Geer
As the National Commander of AMVETS, it is my honor to share our
concerns and comment on the issues under the purview of your
committees. As one of the largest veteran service organizations in the
country, as well as one of the authors of the Independent Budget,
AMVETS has a proud history of assisting veterans and advocating for
veterans rights and benefits. Since 1944 AMVETS has been at the
forefront of public policy related to military and veteran issues and
national defense.
In anticipation of working with your Committees throughout this
year, I offer this introduction to some of the areas of interest to the
quarter of a million members of AMVETS. Today, with more than a decade
of continuous war behind us, horrific budget cuts just beginning to be
implemented and fiscal uncertainty on the horizon, our men and women in
uniform have remained steadfast in their mission to defend this great
nation. Over the last dozen years of war, many of these brave service
members paid the ultimate price for our freedom and others, at the
completion of their service or due to injuries, have joined the ranks
of our nation's veterans. This dedication and sacrifice must never be
forgotten and the promises made to this nation's heroes must be fully
and faithfully honored.
Now is the time for the Administration and Congress to step up and
acknowledge all that our veterans have done for this country. We, as a
nation, have, through the sacrifice of our veterans and military
members, incurred a solemn obligation to support them in every way
possible now and into the future. President Obama once said that the
national budget would not be balanced on the backs of veterans and
AMVETS adamantly supports this concept of preserving all earned veteran
benefits. Our service members and veterans do not deserve to be asked
to continue making sacrifices; they don't deserve excuses or broken
promises, they deserve this nation's full support and nothing less.
They've done the hard work on behalf of all Americans; now is the time
for all Americans to relieve them of their heavy burdens.
Today's military and veteran community is faced with many
challenges and AMVETS is dedicated to aggressively tackling these
issues on behalf of American Veterans everywhere including:
Veteran Unemployment
Reserve Component
Active Component
Veteran Anti-Discrimination
VA/DoD Health Care & Mental Health
Traumatic Brain Injury (TBI) & Post-Traumatic Stress
(PTS)
Prosthetic & Sensory Aides
Suicide Prevention
Ft. McClellan Toxic Chemical Exposure
Veterans Benefits
Maintain Military Retirement and Health Care Benefits
Concurrent Receipt (Active & Reserve Component)
VA Claims & Appeals Backlog
Women Veterans & Service Members
Military Sexual Trauma (MST) Prevention and Treatment
Creation of a Sexual Assault Oversight and Response
Office
Gender Specific Healthcare
National Guard & Reserve Service Members
Improved USERRA Protections
On-going Transition Between State and Federal Service
Veteran Status
Homeless & Rural Veterans
Provide a Full Continuum of Care for Homeless Veterans
(employment training, housing, legal aid)
Access to Physical and Mental Health Care and other
benefits
Increase Travel Reimbursement Rates
POW/MIA Recovery/Identification & Cemetery Affairs
Improved Over Site of Mortuary Affairs Operations
Increase Veterans Burial Benefits
Veterans Treatment Courts
Increase Number of and Access to Veterans Treatment
Courts Nationally
Enhance Resources to Address Mental Health and Substance
Abuse Issues
Honor and Remembrance
Establish the National Desert Storm War Memorial in
Washington, D.C.
Veteran Anti-Discrimination
AMVETS believes that perhaps the greatest and most comprehensive
assistance this nation could provide for its veterans is to protect
them from all forms of discrimination and employer bias by enacting the
AMVETS Veteran Anti-Discrimination Initiative and by strengthening
USERRA. Since moving to an all-volunteer military, the number of
veterans serving in Congress and at all levels of leadership is the
smallest it's ever been and this, added to the years of constant focus
on the negative aspects of war, has created the perception that all
veterans are flawed, dangerous and unstable. While it is true that
veterans should be protected from all forms of discrimination under
USERRA, sadly that is not the case, in part, due to ignorance of its
legal requirements as well as lax oversight and enforcement. Sadly,
those who have served and fought for their country do not enjoy the
same protections and advantages under the law. In fact, just the
opposite is often true; frequently those who have served and sacrificed
are at a disadvantage in comparison to their peers.
With this in mind, AMVETS is seeking protected status for all
American veterans to give them every advantage in finding gainful
employment, housing, and educational opportunities. This comprehensive,
nearly cost-neutral initiative would enhance veteran access and equity
in all areas and it would provide legal recourse to veterans
experiencing any form of discrimination.
Veteran Unemployment
During this time of persistent unemployment in our country, the
problem of veteran unemployment, especially for our National Guard and
Reserve members, should be seen as a national disgrace. In recognition
of those who honorably and selflessly fought to maintain the freedoms
of those who stayed behind, we as a nation cannot do enough to ensure
that American Veterans get the proper skills, certifications/
credentials and degrees necessary to be successful and competitive in
the civilian job market.
Veteran unemployment is a complex problem which will require the
efforts of federal and state governments, the business community and
the military/veterans community working in concert if any meaningful
solution is to be developed. The efforts of any one entity alone will
be insufficient to meet the challenges posed by this massive problem
facing American Veterans everywhere and it's important to keep in mind
that veterans, like their civilian counterparts, require not just a
job, but living-wage employment following their service. The vast
majority of working-age veterans want to continue to be productive
citizens and they need to be provided every opportunity to achieve
their career goals. In recognition of the unimaginable sacrifices made
by American Veterans, Congress and the Administration need to continue
to make a concerted effort to guarantee that veterans have access to
employment and training opportunities.
Additionally there needs to be a better system to connect employers
with open positions to unemployed veterans; the current system of
merely posting jobs online, while beneficial, just isn't enough. There
are literally hundreds of online employment and career sites catering
to veterans and civilians alike, which unfortunately can leave veterans
confused and overwhelmed. What is needed is a comprehensive `veteran
employment resource guide' along with a single portal or site where all
of these opportunities can be accessed in one place. The `Hero2Hired'
program is a good example and should serve as a good foundation to
build on.
In addition to the previous issues, there is the very real problem
of licensing and credentialing which is required in certain career
fields. AMVETS believes that if an individual has received training and
practical experience in a career field while serving in the military
there should be a streamlined process for demonstrating their knowledge
and expertise in order to qualify for any necessary license or
credential.
Lastly, Congress and the Administration need to consider the very
real connection between unemployment and its effects on the already
vulnerable mental health of our veterans. Common sense suggest that
individuals who are gainfully and appropriately employed, who are able
to support themselves and their families, who are able to utilize their
skills and abilities, who are receiving any necessary health care, who
feel useful, challenged and appreciated are less likely to suffer from
depression, substance abuse problems and/or commit suicide.
Health Care & Mental Health
The Veterans Health Administration (VHA) is not only the largest
direct provider of healthcare services in the nation, it also provides
the most extensive training environment for health professionals as
well as providing the most clinically focused setting for medical and
prosthetic research. While providing primary care to American Veterans
is among the VA's prime responsibilities, it also provides specialized
health care services including: spinal cord injury, blind
rehabilitation, traumatic brain injury, prosthetic services, mental
health, and war-related poly-trauma injuries. AMVETS believes that in
order to avoid catastrophic degradation to these critical services that
Congress needs to:
pass a budget on a regular basis. The need for
sufficient, timely and predictable funding cannot be over-emphasized;
continue advanced appropriations;
continue to introduce and support legislation that
protects veterans' benefits such as HR 813, the Putting Veterans
Funding First Act of 2013, introduced by Chairman Miller. Thank you
sir! Another example of benefits protection legislation introduced by
both Chairman Miller and Ranking Member Michaud is HR 357 the G.I.
Tuition Fairness Act of 2013, which gives public institutions of higher
education a choice - either charge veterans in-state tuition or no
longer be eligible to accept G.I. bill students. Last but by no means
least, I'd also like to acknowledge the important work done by Chairman
Sanders on the chained CPI threat. The chained CPI would cut benefits
to disabled veterans and social security recipients, who are among the
most vulnerable Americans. Thank you sir!
Unfortunately, the VA also faces significant challenges ensuring
that newly returning war veterans have access to post-deployment
readjustment services and specialized treatments while guaranteeing
that all other enrolled veterans gain and keep access to effective,
timely, high-quality mental health services. In fact, outreach to
veterans from all eras needs to continue to improve.
The mental health of our service members and veterans may be one of
the greatest challenges facing the VA today and while there have been
improvements, there's still a long way to go. This is especially true
in the case of women veterans who not only respond to and deal with
combat stress differently than their male counterparts, but also need
gender-specific treatment.
There can be no doubt that the problem of military/veteran suicide
is of great concern to everyone in the military community and sadly the
problem continues to grow. Only recently, the military released a
report showing that suicides among active duty service members reached
an all-time high in 2012. The report indicated that the number of
suicides among active duty personnel was almost one a day or 349 to be
exact.
These numbers are especially distressing in light of the ongoing
efforts of the Department of Defense (DoD), Veterans Affairs (VA) and a
variety of public and private enterprises. It seems obvious that more
needs to be done to uncover the complex mental and physical factors
that lead military service members and veterans to commit suicide.
One significant aspect that may shed some additional light on this
unacceptable situation is the possible correlation between blast
injuries caused by Improvised Explosive Devices (IEDs) and suicide. By
collecting information about the physical injuries sustained by suicide
victims, we may be able to get a clearer idea of the underlying causes
of military and veteran suicide.
In a war fought largely on the principals of indiscriminate
violence and terror, the IED is often the weapon of choice. According
to data compiled by DoD and the Global Campaign Against IEDs, between
November 2011 and October 2012, over 15,000 individual IED events were
experienced by coalition forces in Afghanistan. Those IED events were
responsible for fully 58% of coalition casualties. In fact, IEDs are
the number one cause of casualties for American service members and
will be for the foreseeable future.
Additionally, IEDs are the major cause of the top 4 most prevalent
injuries to veterans including:
hearing loss and Tinnitus,
traumatic brain injury (TBI),
post-traumatic stress disorder (PTSD) and
vision loss
Even more significant are the alarming number of service members
and veterans who experienced repetitive, low level TBI that did not
require medical attention but, taken cumulatively, produce serious
medical conditions years later. These conditions often exhibit symptoms
that affect mood, behavior and thoughts. Many of our veterans are
experiencing a complex combination of mental and physical health
problems, the weight of which should be viewed as a contributing factor
to the feelings of pain, hopelessness, loneliness, helplessness and
depression that can lead to suicide.
IED survivors face challenges ranging from the minor to the
monumental: fractures, amputations, disfigurement, cognitive and motor
impairments, emboli, headaches, personality changes, visual and
auditory disturbances, altered effect, hypersensitivities, and dulled
judgment.
The good news is that thanks to swift triage and aeromedical
evacuations and improvements in battlefield trauma medicine and
surgical procedures, many more combat-wounded personnel are surviving
military action. Unfortunately blast injuries by their very nature
usually include vision injuries, hearing loss, and brain trauma.
The bad news is that those same individuals will likely require
highly specialized neurological, psychological, and ophthalmological
care, life-long mental health care, sophisticated prosthetics and other
vital services. At this juncture, there is no definitive connection
between IED injuries, these conditions, and veterans' suicides because
this possibility has not been adequately investigated. Now is the time
to do so.
It must be remembered that we are looking at an issue that will
span decades. We applaud the VA for working to reduce the stigma
surrounding PTSD and the increase in support services. AMVETS is
committed to addressing this issue by piloting a warrior transition
workshop. Our team of veterans, trainers and experts associated with
Freedom and Honor have shown success since 2005; serving more than
7,000 active duty/veterans in 60,000 hours of training. We recommend
that the VA consider both clinical and non-clinical treatment options
when deciding how to fill the gap between need and timely access. Non-
clinical mental health treatment options are readily available in most
communities, are generally much more cost effective than clinical
options with shorter wait times and can be an effective segment in an
overall mental health treatment program. The Freedom and Honor Warrior
Transition program focus' on making veterans more resilient and can be
effectively integrated into the DoD and VA systems. AMVETS will have
four pilot programs this year, with one being directed specifically to
women veterans.
As previously mentioned, untreated/unhealed physical and mental
health combat injuries play a significant role in the number of
military/veteran suicides in this country. The data on these suicides
are startling and they have continued to rise. This horrific trend is a
national disgrace and finding effective, practical solutions should be
not only a service-wide, but a nation-wide priority.
Veterans' Benefits
AMVETS believes in the solemnity of the promises made to our
military members and veterans when they agreed to leave their homes and
families to go fight in our stead. In addition to providing physical
and mental healthcare to millions of veterans, the VA is also the
primary federal agency providing a variety of benefits to our nation's
veterans including: disability compensation, dependency and indemnity
compensation, pensions, retirement, education benefits, home loans,
ancillary benefits for service-connected disabled veterans, life
insurance and burial benefits. It is crucial, that veterans' benefits
become a national priority, as they had been following earlier
conflicts, and they must be viewed in the context of the service and
sacrifice performed by our men and women in uniform. These benefit
programs however must not only be maintained, they need to be carefully
monitored and constantly improved so they maintain their value and
effectiveness.
Like every other VSO, and no doubt every member of these
committees, AMVETS is appalled by the seemingly insurmountable
disability claims backlog problem, however, since everyone is already
so aware of the need to deal with this issue, I will not do more than
acknowledge the problem and our commitment to carefully monitoring
developments and assisting as appropriate.
As far as the issue of concurrent receipt in concerned, AMVETS
firmly believes that all military retirees should be permitted to
receive their full, earned military retirement as well as any and all
VA disability compensation they may be entitled to; in other words
there should be no offset between full military retired pay and VA
disability compensation. Each form of compensation is individually
earned, in its own right, by the veteran and other federal employees
are not unjustly penalized this same way when in an identical
situation. AMVETS strongly urges Congress and the Administration to
enact legislation to repeal this inequity faced by so many American
Veterans.
Women Veterans and Service Members
It is a fact, that every woman who ever served in the military in
America did so as a volunteer! Their history of service to this country
is long and proud even though their service prior to the Civil War was
strictly unofficial; they have been involved in every battle, one way
or another, going back to the Revolutionary War. Today, women comprise
between 17% - 20% of the U.S. military and they are fully integrated
into the combat zones around the world. In the near future women will
be allowed to serve in direct combat roles and may be required to sign
up for selective service both of which suggest we are entering a new
era for women in the military. One can only imagine how these decisions
will affect the generations of women to come. VA is already so far
behind in meeting the needs of current women service members and
veterans that AMVETS is gravely concerned about VA's ability to meet
increasing future needs.
Among the most critical issues facing women veterans today are:
homelessness, employment, military sexual trauma (MST) and the lack of
gender specific health care. These three issues are the trifecta of
degradation and deprivation for women veterans. They are also somewhat
of a `Catch-22' in that each issue overlaps and effects the other two,
making it that much more difficult to escape this negative cycle. How
can we as a nation allow some of our most vulnerable veterans, many of
whom also have children, to be living on the streets of our cities? Why
is it that a woman should have to fear for her personal safety, not
only from foreign enemies, but from her comrades-in-arms simply because
she made a conscious decision to serve in the military? All veterans,
by their very service to their country, should be guaranteed some
basics: shelter, any necessary physical and mental health care, food,
job training or education, and an opportunity to support themselves and
their children upon exiting the military.
Some of these veterans are already victims of MST and PTSD while on
active duty and now they are faced with the dangers and lack of
appropriate physical and mental health care inherent in being homeless.
These veterans are often unable to locate temporary housing at local
homeless shelters because many of these facilities are not set up to
house to accommodate the specific safety and privacy needs of women,
not to mention their children. It's a sad fact that homeless
individuals are not infrequently involved in the criminal justice
system for a variety of offences, including crimes against women and
children. This situation is truly a national disgrace and must not be
allowed to continue.
A new report from the Government Accountability Office shows that
the number of homeless women veterans doubled between 2006 and 2010,
with 3,328 women veterans unable to access shelter. Of these women,
``almost two-thirds were between 40 and 59 years old and over one-third
had disabilities.'' The numbers are not encouraging and they are
expected to get worse. With tens of thousands of troops leaving
military service and more slated over the next year, for women veterans
with families, it's especially difficult to find work and housing. As
of December 2011, The Veterans' Administration estimated that of the
roughly 68,000 homeless veterans, more than 5,000 were women. To combat
the problem, the VA is training many of its 7,000 case managers to deal
with issues specific to women.
National Guard & Reserve Service Members
AMVETS fully supports H.R.679, the Honor America's Guard-Reserve
Retirees Act introduced for the 3rd year in a row by Rep. Walz (thank
you, Sir!) which would grant Veteran Status for National Guard and
Reserve members with 20 years or more in service. This cost neutral
legislation would not bestow any new or unearned benefits, it would
simply provide career Reserve Component (RC) members the honor of being
recognized as a veteran for their many years of service and sacrifice.
This bill would also provide an opportunity for Congress and the
Administration to show their support for America's military retirees.
What is a military retiree? A military retiree is what a National
Guard or Reserve Component member, who has completed a 20(+) year
career, is designated upon retirement. If these individuals have never
served on active duty (Title 10) orders for other than training
purposes for a specified number of days, they are not legally
considered veterans. Mind you, they are entitled to virtually all the
same retirement benefits as their Active Component brethren, but they
are not considered veterans under the law. This unjust situation is not
widely known among members of Congress (outside of these committees) or
even among members of the RC themselves.
This legislation would authorize Veteran Status under Title 38 for
National Guard and Reserve members of the Armed Forces who are entitled
to a non-regular retirement under Chapter 1223 of 10 USC but were never
called to active federal service during their careers - through no
fault of their own. As an example, the service of our National Guard
members now serving on Operation Noble Eagle on our Southwestern border
on Title 32 orders would not qualify them to earn the status of
``Veterans of our Armed Forces'' because it is technically a
``training'' status.
Currently, the Code of Veterans' Benefits, Title 38, excludes from
the definition of ``Veteran'' career reservists who have not served on
Title 10 active duty for other than training purposes. Drill training,
annual training, active duty for training, and Title 32 duty are not
qualifying service for ``Veteran'' status. It does not make sense that
an individual can serve three years on active duty, during a time of
war or not and upon leaving the military they are considered a veteran;
however, a National Guard or Reserve member who has 20(+) years of
service but has not called to federal service is not considered a
veteran -even though they wear the same uniform and receive similar
benefits.
Homeless Veterans
We as a country have failed many veterans who now find themselves
mentally or physical ill, alone, unemployed and homeless. AMVETS urges
the committees to consider the importance of supportive housing
facilities for homeless veterans, many of which are situated on VA
property and/or owned and operated by the VA. One of the first steps
that need to be taken to break this chain of poverty is to get our
veterans, men and women, off the streets and into supportive housing.
Consistent with Secretary Shinseki's goal of eliminating homelessness
among veterans by the year 2015, these facilities are vital to the
scores of homeless veterans - including those from Operations Enduring
Freedom and Iraqi Freedom - that rely upon them for shelter, health
care, and other services.
AMVETS appreciates the support that the committees have shown for
programs to mitigate the scourge of homelessness among veterans. The
VA's ``housing first'' approach - which has largely been carried out
via a combination of increases in HUD-VASH vouchers, enhanced funding
for the grant and per diem program, and support for outreach
coordinators - has, in recent years, allowed the VA to make important
progress toward its goal of eliminating veterans' homelessness.
Even as this progress continues, AMVETS encourages the committees
and the VA to prioritize the construction or repurposing of facilities
on VA property to be used for supportive housing for homeless veterans.
The shortage of such housing is particularly acute in the Los Angeles
region, where approximately 8,000-10,000 veterans remain homeless. This
represents an approximate 10 percent share of all homeless veterans
nationwide. Remedying the homeless veterans' problem in Los Angeles is
essential to meeting Secretary Shinseki's goal of elimination.
Mortuary Affairs
There is no more sacred responsibility than the dignified and
respectful recovery, return and burial of our men and women in uniform.
With this in mind, we need to remember that NCA's most important
obligation is to honor the memory of America's service members. AMVETS
is pleased with the fact that NCA continues to meet its goals thanks to
the dedication and commitment of Under Secretary Muro and his staff.
NCA does a good job of looking ahead in anticipation of the future
needs of our veterans by:
securing land for additional cemeteries, including two
new national cemeteries in Florida and working in CO & NY;
getting the word out on burial benefits to stakeholders.
Including developing new online resources for Funeral Directors;
making it easier for family members to locate and
chronicle loved ones by partnering with Ancestry.com to index historic
burial records;
awarding grant money for State and Tribal Veterans
Cemeteries; and
expanding burial options in rural areas (National
Veterans Burial Grounds)
NCA is also a leader among federal agencies in veteran employment
programs including:
The Homeless Veteran Supported Employment Program (HVSEP)
provides vocational assistance, job development and placement, and
ongoing supports to improve employment outcomes among homeless Veterans
and Veterans at-risk of homelessness. Formerly homeless Veterans who
have been trained as Vocational Rehabilitation Specialists (VRSs)
provide these services;
VA's Compensated Work Therapy (CWT) Program is a national
vocational program comprised of three unique programs which assist
homeless Veterans in returning to competitive employment: Sheltered
Workshop, Transitional Work, and Supported Employment. Veterans in CWT
are paid at least the federal or state minimum wage, whichever is
higher; VA's National Cemetery Administration and Veterans Health
Administration have also formed partnerships at national cemeteries,
where formerly homeless Veterans from the CWT program have received
work opportunities; and
The Vocational Rehabilitation and Employment (VR&E)
VetSuccess Program assists Veterans with service-connected disabilities
to prepare for, find, and keep suitable jobs. Services that may be
provided include: Comprehensive rehabilitation evaluation to determine
abilities, skills, and interests for employment; employment services;
assistance finding and keeping a job; and On the Job Training (OJT),
apprenticeship, and non-paid work experiences.
Does this mean that there are no areas needing improvement at NCA -
absolutely not. From October 2011 through March 2012, NCA conducted an
internal gravesite review of headstone and marker placements at VA
National cemeteries. During that review a total of 251 discrepancies at
93 National cemeteries were discovered which included:
218 misplaced headstones;
25 unmarked graves;
8 misplaced veteran remains
While these incidents were corrected in a respectful, professional
and expeditious manner, the internal phase of the NCA review failed to
identify, and therefore to report, all misplaced headstones and
unmarked gravesites. These additional discrepancies came to light
thanks to the diligent oversight of Chairman Miller and the HVAC which
had tasked the Inspector General (IG) with conducting an audit of the
internal NCA review. The IG report highlighted several concerns and
made corrective recommendations. Based on those recommendations, the
Under Secretary for Memorial Affairs developed an appropriate action
plan and AMVETS recommends continued oversight to ensure the carrying
out of all corrective actions.
Prepared Statement of CMSGT (Ret) USAF John R. ``Doc'' McCauslin
Chairmen Sanders and Miller, on behalf of the 110,000 plus members
of the Air Force Sergeants Association, I thank you for this
opportunity to offer the views of our members on the FY 2014 priorities
for the First Session of the 113th Congress. This hearing will address
issues critical to those who have served and are serving our Nation.
For more than 50 years, the Air Force Sergeants Association has
proudly represented active duty, guard, reserve, retired, and Veteran
enlisted Air Force members and their families. Your continuing effort
toward improving the quality of their lives has made a real difference
and our members are grateful. In this statement, I have listed several
specific goals that we hope this Committee will pursue for FY 2014 on
behalf of current and past enlisted members and their families. The
content of this statement reflects the views of our members as they
have communicated them to us. As always, we are prepared to present
more details and to discuss these issues with your staffs.
How a Nation fulfills its obligations to those who serve reflects
its greatness. Since 1973 with the inception of the all volunteer
force, we have continued to meet our objectives in recruiting. It is
evident that today's treatment of the military influences our ability
to recruit future service members, since a significant percentage of
those wearing the uniform today come from of military families.
It is important that this Committee view America's Veterans as a
vital National resource and treasure rather than as a financial burden.
As you deliberate on the needs of America's Veterans, this Association
is gratified to play a role in the process and will work to support
your decisions as they best serve this Nation's Veterans. We believe
this Nation's response for service should be based on certain
principles. We urge this Committee to consider the following principles
as an underlying foundation for making decisions affecting this
Nation's Veterans.
GUIDING PRINCIPLES
1. Veterans Have Earned a Solid Transition from Their Military
Service Back into Society: Our Nation's all-volunteer force has served
with great pride and distinction. This country owes its Veterans
dignified, transitional, and recovery assistance. This help should be
provided simply because they faithfully served in the most lethal of
professions in some of the most hostile or remote locations. After
writing a blank check to their country, payable up to their life, all
Veterans should be afforded favorable chances to excel upon returning
to the civilian sector.
2. Most Veterans Are Enlisted Members: According to the VA's
vetpop2011 product, there were 22.3 million Veterans as of September
30, 2012. Of them, only 1.4 million (6 percent) are officers and 20.9
million (94 percent) are enlisted. While on active service, there is an
obvious need for differentials between ranks in order to execute the
unique missions of the military. Aside from the obvious (such as pay),
additional differences include education, training, fellowships and
other opportunities. We should factor in the unique circumstances of
enlisted Veterans, especially in the area of service member and their
family's needs once they have completed their tour of service to our
country.
3. Decisions on Veterans' Funding Should be Based on Merit: Funding
for military Veterans must, of course, be based on fiscal reality and
prudence. However, Congress and, in turn, the VA must never make
determinations simply because ``the money is just not there'' or
because there are now ``too many'' Veterans. Funding for Veterans'
programs should be viewed as a National obligation--a ``must pay''
situation. If congress can vote, fund, and send our servicemembers to
war, they need to facilitate, fund, and provide care for those who have
returned.
4. Remember that the Guard and Reservists are Full-fledged Veterans
Too! AFSA strongly supports pending legislation to identify all
Guardsmen and Reservists as full-fledged Veterans. In Iraq,
Afghanistan, and around the world, reserve component members are
valiantly serving their Nation, ready to sacrifice their lives if
necessary. Since September 11, 2001, record numbers have been called up
and continue to support operations. Nearly half of U.S. forces that
served in Iraq were guardsmen and reservists. Without question,
enlisted guard and reserve members are full-time players as part of the
``Total Force.'' Differences between reserve component members and the
full-time force, in terms of VA programs or availability of services,
are well overdue for review and updates.
5. The VA Must Openly Assume the Responsibility for Treatment of
the Maladies of War: We are grateful for VA decisions in recent years
that show a greater willingness to judge in favor of the service
member. The VA focus on health care conditions caused by battle should
be on presumption and correction, not on initial refutation, delay, and
denial. It is important that the decision to send troops into harm's
way also involves an absolute commitment to care for any healthcare
condition that may have resulted from that service. Many Veterans call
and write to this Association about our government's denial, waffling,
and reluctant recognition of illnesses caused by conditions during past
conflicts. We applaud past decisions of your Committees toward
reinforcing a commitment to unconditional care after service, and
encourage you to do the same in the future.
6. Taking Care of Families: Taking care of families is as essential
as taking care of our Veterans. This is especially true for family
members who now serve as the primary caregivers of ill or injured
Veterans. By taking care of these family members, we honor a commitment
made by our country to our Veterans and military members.
ANNUAL FUNDING OF VETERANS PROGRAMS
Annual Funding: The Administration has not yet submitted its FY
2014 Budget request so unlike past years we cannot comment on the
Administration's proposal which I am told may be another month in
coming. However, I want to make it clear that AFSA concurs with funding
levels recommended by The Independent Budget (IB), a document co-
authored by the VFW, AMVETS, Disabled American Veterans, and Paralyzed
Veterans of America. I understand you are already aware of these
recommendations so I will only briefly comment on them. AFSA endorses
the IB because we believe this careful review of Veterans programs
reflects a more realistic assessment of the resources VA will need for
the coming fiscal year.
This year's Independent Budget recommends the following:
$58.8 billion total for health care for FY 2014--$1.3
billion more than what the Administration recommended ($57.5 billion)
in the FY 2014 advance appropriation last year
$2.4 billion for the Veterans Benefits Administration--
approximately $226 million more than the expected FY 2013 appropriated
level
$2.25 billion for all construction programs--
approximately $900 million more than the expected FY 2013 appropriated
level and well below the true funding needs of construction projects
that the VA must undertake
$611 million for medical and prosthetic research, which
is approximately $28 million more than the expected FY 2013
appropriated level; and
For the first time, the Independent Budget includes an
advance appropriation recommendation for health care for FY 2015,
recommending $61.6 billion.
As in past years, I'm confident you will give the recommendations
of the Independent Budget the consideration they deserve. We appreciate
that because thousands of service members will be released by DoD in
the coming months for budget reasons and as we draw down in
Afghanistan, it is important to realize that many of them will soon
turn to the VA for their care! VA needs to be prepared to accept
responsibility for their care. If the Department of Defense is forced
to lower its end strength levels to cut personnel costs, VA funding
must be raised accordingly to account for the large influx of new
Veterans into their system. AFSA is very concerned with VA's ability to
meet the needs of America's transitioning Veterans including employment
initiatives to help our Veterans find jobs during these challenging
economic times. We will monitor this transition very carefully, and
trust the Members of these Committees will as well.
No patriot should be turned away or have their benefits delayed and
it is imperative that VA is provided the full complement of resources
to address this shift in the Nation's obligation. Equally important is
the timeliness of VA funding for all VA programs.
AFSA thanks the Committees for your leadership and steadfast
resolve to preserve and protect Veterans' health care and benefits. We
are particularly grateful for the more recent establishment of the
advance appropriations authority for VA health care funding. Advance
Appropriations have allowed the VA to maintain robust health care
services for our Nation's Veterans in this most difficult fiscal
climate. We strongly support legislation introduced by House Chairman
Jeff Miller and Ranking Member Mike Michaud to fully fund the
discretionary budget of the Veterans Affairs Department one full year
in advance. H.R. 813 would make it easier for VA to plan for key
investments in information technology, benefits claims processing and
construction projects. It also would ensure that all VA services will
have timely, predictable funding in an era where continuing resolutions
and threats of government shutdowns are all too frequent.
Passing this legislation will ensure funding for Veterans programs
do not become a casualty of the legislative paralysis we are
experiencing lately. It is up to you, the members of these Committees,
to protect the care and benefits our Veterans have earned for their
service. The ``Putting Veterans Funding First Act of 2013'' is a
common-sense approach to ensure arbitrary budget cuts don't jeopardize
the care and benefits America has promised our Veterans and I want to
thank Mr. Miller and Michaud publicly for introducing this legislation.
I hope the remainder of you will find it appropriate to support their
efforts.
Sequestration: I want to touch briefly on the subject of
sequestration. Like our partner Associations represented here today, we
are concerned how this could affect the availability of Veterans'
benefits now and in the future. We were somewhat relieved with the
White House Office of Management and Budget's recent announcement that
that the entire Veterans Affairs Department's budget is exempt from
sequestration, but feel it will take time before we understand
sequestrations true impact on Veteran's programs. The Administration
cannot say with certainty that Veterans' benefits won't be affected
because many of VA's efforts are closely tied to those of other federal
agencies who are subject to sequestration. For instance, the Department
of Labor's Veterans Employment and Training Service now see their
budgets cut under sequestration and this could affect VA's transition
support services. Likewise, cuts to the Department of Housing and Urban
Development will result in a reduction of vouchers that are used to
house homeless Veterans. VA has made tremendous progress in lowering
the number of homeless Veterans on our streets and it would be an
absolute shame if sequestration undermined these herculean efforts by
Secretary Shinseki. Last but not least, we are sincere in the hope that
our Nations leaders can reach an agreement soon on a plan that helps
control the budget deficit without adversely affecting those who serve
in our military or our Veterans. Our members have made it clear they
just want to see a solution that works, and they are frustrated because
they want to be sure of what's going to happen to themselves and their
families. Please do all you can to help provide this certainty for
them.
VETERANS HEALTH CARE
Integrated Electronic Health Record (iEHR): Secretary of Defense
Panetta and Secretary of Veterans Affairs Eric Shinseki recently
announced plans to ditch their two department's efforts to develop a
single, bi-directional electronic health record as they and many of
their predecessors have pledged to do. Like many of you, we were very
disappointed to learn of their decision. The two departments now plan
to retain their respective systems but continue to exchange common
medical data. We share Chairman Miller's frustration on this issue!
Conceived as a simple goal to improve the care of Veterans, this is
something seemingly well within the grasp of modern technology but
instead has wasted $1 billion taxpayer dollars. Now DoD and VA's action
have veterans wondering why the two departments are throwing in the
towel on this important endeavor.
This is not the first time the two departments have stepped back
from an effort like this. Plans to create an iEHR go back to the mid
1980s at least. Numerous times the effort has been set aside usually
followed by a new pledge, publically and with vigor, that the two
Secretaries plan to ``resolve this problem once and for all.'' At some
point the superfluous hype begins to lose its meaning.
In the end it all boils down to leadership, or the lack thereof. If
DoD and VA are truly committed to making the joint electronic health
record a reality, we would have one by now. Civilian healthcare systems
have one, why can't we?
An iEHR remains critical for continuity of health care, VA claims
processing, transparency, and because of the enormous demand for mental
health care and other medical services arising from the drawdown of
forces in Afghanistan and scheduled cuts in our Armed Forces. AFSA
recommends the Committees' direct a comprehensive review of the
accomplishments, current plans and future of the integrated Electronic
Health Record project, and re-commit to the successful completion of an
iEHR at the earliest practicable date.
Suicide Prevention and Mental Health Services: The mental health
and well-being of our courageous men and women who have served the
Nation should be the highest priority for VA, and even one suicide is
one too many. The tragic loss of Veterans who have served in the Armed
Forces including members of the National Guard and Reserves to suicide
is arguably the most challenging issue facing the VA. Although a report
released by VA last month indicates that the percentage of Veterans who
die by suicide has decreased slightly since 1999, the estimated total
number of Veterans who have died by suicide has increased so clearly
more effort is needed to break this trend.
We were very grateful for Congress including suicide prevention and
resilience provisions in the FY 2013 National Defense Authorization Act
(NDAA). We thank the former Chair of the Senate Veterans Affairs
Committee, Senator Patty Murray (D-WA) for her tireless efforts on this
issue.
However, the provisions in Senator Murray's ``Mental Health Care
Access Act of 2012'' adopted for currently serving women and men were
not considered for the VA health system. Nor has action been taken on
the provisions that specifically direct the VA to ``develop and
implement a comprehensive set of measures to evaluate mental health
care services furnished by the Department of Veterans Affairs. These
include measures to assess the timeliness of the furnishing of mental
health care by the Department; the satisfaction of patients who receive
mental health care services provided by VA; and the capacity of VA to
furnish to furnish mental health care.
VA is currently engaged in a commendable, aggressive hiring
campaign to expand access to mental health services with 1,600 new
clinical staff, 300 new administrative staff, and is in the process of
hiring and training 800 peer-to-peer specialists who will work as
members of mental health teams. We strongly support these efforts.
VA's 24/7 suicide prevention hotline has proved to be effective by
extending the Department's reach to more at-risk Veterans. I'm told the
phones never stop ringing and in its five-plus years of existence, the
crisis line has fielded more than 750,000 calls and more importantly
has helped save some 26,000 callers on the brink of taking their own
lives. Staffing at the center has grown from 13 to 300, and some, but
not all, of the counselors are Veterans. The number of phone lines has
increased from 3 to 30 but not all of the callers are Veterans. Besides
handling calls from or about Veterans, the crisis line fields calls
from Active Duty service members serving all around the world. These
facts alone lend evidence of the scope of the problem the department
faces.
Despite the success of the hotline, we remain concerned that
outreach efforts like this and community coordination efforts need to
be increased and targeted at providing care and services when and where
Veterans need it--not necessarily when and where the VA says they need
it as was noted at a recent House Veterans' Affairs Committee hearing
on mental health. AFSA urges the Committees to continue to support
funds to expand VA's mental health capacity, and to improve oversight,
accountability and responsiveness in the areas of access, timeliness,
quality, delivery, and follow-on care and information. Witnesses at a
recent mental health hearing reported that it's time for change and VA
simply cannot continue to do ``business as usual.'' The Department must
aggressively pursue outside assistance to be certain that every Veteran
needing mental-cognitive services is not just handed over to a system,
but handed over to an actual person who will arrange for short and
long-term mental health care. Any expert in the field of mental health
could tell you how crucial this live hand-off is for a Veteran
contemplating taking his or her own life.
Expansion efforts and funds should include marketing and outreach
to encourage enrollment of eligible Veterans, with particular emphasis
on rural Veterans and high risk populations. Further, we recommend the
Committees review and adopt pertinent provisions for suicide prevention
and resilience as enacted for the actively serving force in Sections
579 through 583 of the FY 2013 NDAA to enhance the Department's support
to Veterans. We support the rapid expansion of partnerships between the
VA and outside mental health care providers like those in TRICARE
networks and state-level programs. VA should pursue new ways to deliver
mental health services, including establishing protocols with DoD to
seamlessly transfer high risk service members with mental health or
drug or alcohol abuse conditions directly (live hand-off) to a
designated VA or partner provider prior to discharge from the military
to ensure continuity of care. We ask that you to support additional
funding for collaborative, mid- long-term research between DoD and VA
on mental health care, and encourage you to conduct an oversight
hearing to assess the effectiveness of implementation of Executive
Order 13625, ``Improving Access to Mental Health Services for Veterans,
Service Members, and Military Families'' and determine other actions
that may be needed. Again, one suicide is too many. We need to do all
we can to ensure the mental well-being of our Veterans before we can
ever hope to curb the tragedy of Veterans taking their own lives.
Wounded Warriors: Thousands of service members have been wounded in
action over the past twelve years. Thousands of others have suffered
service-connected illness and injuries in related support actions. As a
Nation, we have no greater responsibility than to care for our warriors
now suffering from the maladies of war. We are pleased high levels of
funding for Wounded Warrior care and hope this trend never wanes.
Continued emphasis and funding is needed for VA programs that address
Traumatic Brain Injury (TBI) and Post-Traumatic Stress Disorder (PTSD),
the two ``signature injuries'' of the most current conflicts.
Oftentimes TBI and PTSD do not produce visible signs until long after
the battle is over. Nor are they easy to treat. There is no ``one size
fits all'' treatment and VA must research and ensure a variety of
effective ones are readily available. At the same time, greater numbers
of Veterans are returning from the battlefield with significant visual
and auditory-impairments. We are concerned that VA may not have
adequate resources to address the influx of Veterans with auditory and
visual disabilities, and believe this area of care merits further study
by these Committees.
Care for Women Veterans: We applaud the actions of your Committees
in recent years for championing women Veteran issues! The unique health
care requirements of women Veterans must be addressed with a sense of
higher urgency from Congress. According to a recent VA Fact Sheet, more
than 1.8 of the Nations 22.2 million Veterans are women. Currently,
women make up more than 19 percent of the active duty Air Force and
approximately 21 percent of the Air Force Reserve. We currently have
more than 214,000 women serving in the DoD today, many of whom served
in Iraq and Afghanistan. Of those who have served, VA estimates that
more than 40 percent have already enrolled for healthcare, a percentage
that is expected to double in the next 20 years. They too, suffer from
the same effects of battle as many of their fellow male service
members; such as PTSD, TBI, and Wounded Warrior issues that come with
wearing the uniform. While these and many other conditions are
indiscriminate of sex, the fact remains that there are needs unique to
females in and after service. As the number of women Veteran's
increases, VA must not only be funded accordingly to meet their
specific health care needs, but program developments must also match
the shifting demographic.
Defense Centers of Excellence: VA should actively support the
efforts of many Defense Centers of Excellence (DCOE) which have been
created to address specific areas of military related medicine. Their
participation with each of the individual DCOE's will contribute to the
diagnosis and treatment of the many types of severe injuries Veterans
are experiencing as a result of the conflicts in Iraq and Afghanistan.
Family Caregivers: Thanks to the past work of the Committees,
catastrophically disabled OEF/OIF veterans whose spouses serve as
primary care givers, receive additional allowances due to the severity
of their service-connected multiple disabilities. Spouses who are full-
time caregivers are precluded from earning a retirement or Social
Security benefits in their own right. However, when the veteran dies,
the widow(er)'s income is reduced to the same Dependency and Indemnity
compensation rate that other surviving spouses of veterans receive when
the death was service connected. The percentage of replacement income
can be as little as 15 percent whereas the income replacement of other
federal survivor benefit plans is closer to 50 percent. To ensure
fairness, AFSA recommends the Committees increase the income
replacement rate for widow(er) s of catastrophically disabled veterans
to a more appropriate level.
At the same time, AFSA strongly supports the full expansion of the
caregiver program to include Veterans of other engagements. There
should be no distinction in the sacrifices made by a severely disabled
Veteran or their family, regardless of where or when they served. The
service of our Veterans from previous wars must be honored similarly,
and we encourage Congress to pass legislation that expands caregiver
benefits to Veterans of all eras.
Support the judicious use of VA-DoD sharing arrangements: AFSA
supports the judicious use of VA-DoD sharing arrangements involving
network inclusion in the DoD health care program, especially when it
includes consolidating physical examinations at the time of separation.
It makes no sense to order a full physical exam on your retirement from
the military and then within 30 days, the VA orders its own complete
physical exam with most of the same exotic and expensive exams. The
decision to end that duplication process represents a good, common-
sense approach that should eliminate problems of inconsistency, save
time, and take care of Veterans in a timely manner. Initiatives like
this will save funding dollars. However, AFSA recommends that these
Committees closely monitor the collaboration process to ensure these
sharing projects actually improve access and quality of care for
eligible beneficiaries. DoD beneficiary participation in VA facilities
must never endanger the scope or availability of care for traditional
VA patients, nor should any VA-DoD sharing arrangement jeopardize
access and/or treatment of DoD health services beneficiaries. One
example of a successful joint sharing arrangement is the clinic with
ambulatory care services in Colorado Springs, Colorado. This will aid
the large number of Veterans remaining in the area and support the
increases in Colorado Springs as a result of BRAC initiatives. The VA
and DoD each have a lengthy and comprehensive history of agreeing to
work on such projects, but follow-through is lacking. We urge these
Committees to encourage joint VA-DoD efforts, but ask you to exercise
close oversight to ensure such arrangements are implemented properly.
Support VA Subvention: With more than 40 percent of Veterans
eligible for Medicare, VA-Medicare subvention is a very promising
venture, and AFSA offers support for this effort. Under this plan,
Medicare would reimburse the VA for care the VA provides to non-
disabled Medicare-eligible Veterans at VA medical facilities. This
funding method would, no doubt, enhance elderly Veterans' access to VA
health care and enhance access for many Veterans.
Other Healthcare Issues: Other Veteran's health-care issues not
addressed in this statement but included in our Associations top
priorities are:
Limit user fees and prescription co-pay increases at VA
medical facilities
Require the VA to accept licensed civilian medical/dental
provider prescriptions
Pursue the VA to have chiropractic care where possible
GENERAL VETERANS ISSUES
Disability Claims and Backlog: As the saying goes the biggest house
in the room is the room for improvement and nowhere in VA does this
adage hold more truth than in the area of claims processing. When I
addressed the Committees last March there were 1.4 million total claims
pending (initial, secondary, appeals, education, pension, etc.). Today
that figure is closer to two million and this lack of progress just
goes to show that throwing more money and people at a problem doesn't
always guarantee success.
To their credit, VA processed over one million claims last year but
it has been unable to catch up to the rising demand. With the prospect
of thousands of service members being forced to separate as a result of
budget cuts, this problem is likely to get worse before its gets
better. Frankly that disturbs me because for many Veterans, association
with the VA begins with the claims process. AFSA supports a
comprehensive, integrated strategy for improving the claims-management
system with primary emphasis on quality decisions at the initial stage
of the process. I don't profess to be an expert here, but I am aware
larger VSOs have already made recommendations to these Committees in
this area--changes my organization can and will support. One suggestion
I do have lies in the area of the accuracy of claims processing because
we should be focused on the ``quality'' of claims, not just the
``quantity.'' I'm told the accuracy rate of completed claims at some
regional facilities barely eclipses 50 percent where others reach
upwards of 90 percent or more. The latter facilities clearly have a
winning model and we should benchmark this process across all
facilities. Instead of throwing more resources (money, people) at
facilities with less than satisfactory ratings, we should bolster the
capacity at facilities with high performance ratings then shift some of
the workload there.
Transition Assistance Program: The ``VOW To Hire Heroes Act'' made
the Transition Assistance Program, or TAP as it's commonly referred to,
mandatory for service members. This interagency workshop is coordinated
by the Departments of Defense, Labor and Veterans Affairs to help them
secure meaningful employment at the end of their service. We appreciate
the efforts of your committees to make sure all separating members
receive this important transition benefit. At the same time, AFSA is
concerned that the content of TAP has changed very little in the last
25 years. We understand the Department of Labor plans to unveil a new
program in the near future, and we encourage Members of Congress to
ensure it provides Veterans with information and tools that are
current, relevant and useful for successful transition into the
civilian sector. We hope the new program will place greater emphasis on
the participation of military spouses because they too play a key role
in the successful transition of the entire military family.
Policy Consistency: We appreciate your Committees' efforts to
reduce the pervading feeling among Veterans that our government's
approach to providing adequate service to an ever-growing number of
Veterans is to shrink the number of patients by excluding more classes
of Veterans. Please continue to resist any effort that limits Priority
8 Veterans who deserve to have the VA option available to them.
Provide a Written Guarantee: Many Veterans are frustrated and
disappointed because existing programs they thought they could depend
on have been altered or eliminated due to changing budget philosophies.
That has created a perception among service members and Veterans that
the covenant between the Nation and the military member is one-sided--
with the military member/Veteran always honoring his/her obligation,
and hoping that the government does not change the law or the benefits
upon which they depend. We urge your Committees to support a guarantee
in writing of benefits to which Veterans are legally entitled by virtue
of their service. This would demonstrate that the government is
prepared to be honest and consistent with its obligation to its service
members and ``Keep America's Promise to America's Military ``
State Veterans Homes: The State Veterans Home program has proven
itself to be the most cost-effective source of high quality long-term
health care services for the Nation's Veterans who need skilled
nursing, domiciliary, adult day health care and other specialized
programs to meet their needs. The cost of providing care at these
facilities is roughly half of what it cost for VA. Last year these
Committees were instrumental in passing the ``Honoring America's
Veterans and Caring for Camp Lejeune Families Act of 2012'' which
authorized the VA to enter into contracts or agreements with State
homes, to pay for nursing home care provided to certain Veterans with
service-connected disabilities. This provision was authored by Ranking
Member Michaud and Chairman Miller and on behalf of the thousands of
Veterans residing in these homes I thank you for this important quality
of life change.
Additional savings are possible by allowing similar reimbursement
of adult day health care services at State Veteran Homes. Adult day
care is integral part of the continuum of care for our Veterans and
this change would help to preserve their individual choice and
independence. Currently only three states have adult day health care
programs within their facilities but plans are in the works at other
state homes to provide this care in the future. The VA is already
reimbursing community nursing homes for adult day health care to
service-connected disabled Veterans Nationally and the department has
established a prevailing rate for skilled nursing care at all State
Veterans Homes. Therefore we recommend that the VA reimburse all State
Veterans Homes providing adult day health care at 65 percent of the
prevailing rate for a daily visit. And we urge the Veterans
Administration to include adult day health care under the existing VA-
SVH provider agreements thereby providing full cost of care to Veterans
with service-connected disabilities. The long overdue regulation in
this area is hampering State Veterans Homes from full implementation.
Why does it take the VA nearly 4 years to write a regulation?
On a related matter, every state operates at least one State
Veterans Home, and more are planned or projected annually to meet a
growing demand of long term care programs and facilities for American's
elderly, sick and disabled Veterans. Subchapter III of Chapter 81,
Title 38, United States Code, authorizes the State Extended Care
Facilities Grant Program, funded by VA through congressional
appropriations, to assist the States through grants for construction of
new State Veterans Homes and for significant renovations of existing
facilities, at a cost not to exceed 65 percent of the total cost of any
such project proposed by a State and approved by the Secretary of
Veterans Affairs. Currently there are $322 million in Priority One
projects and $752 million total in grant applications waiting funding,
but last year the Administration requested $85 million for that
program. It doesn't take a rocket scientist to figure out at that rate
we won't get the state home program where it needs to be at that rate.
Again, it is difficult to make a recommendation in the absence of a FY
2014 Budget Proposal so this Association simply asks that you consider
providing a greater level of funding for the program in FY 2014--at
least $100 million in order for the Department of Veterans Affairs and
several states to help reduce the structural backlog of worthwhile
projects.
Protect VA Disability Compensation: Despite being clearly stated in
law, Veterans' disability compensation has become an easy target for
former spouses and lawyers seeking money. This has been allowed to
transpire despite the fact the law states that Veterans' benefits
``shall not be liable to attachment, levy, or seizure by or under any
legal or equitable process, whatever, either before or after receipt by
the beneficiary.'' Once a rare occurrence, we hear this is happening
with increasing frequency. Now is the time to consider enactment of a
specific probation to preclude the award of VA disability dollars to
former spouses or third parties during civil proceedings.
Homeless Veterans: Fighting in a war can be a harrowing experience,
but imagine coming back and not being able to find a home. Although
flawless counts are impossible to come by, the U.S. Department of
Housing and Urban Development (HUD) estimates that 62,619 Veterans are
homeless on any given night--down from about 67,500 one year ago. Over
the course of a year, approximately twice that number may experience
homelessness. Only 7 percent of the general population can claim
Veteran status, but nearly 13 percent of the homeless adult populations
are Veterans. Of particular concern are homeless Veterans that have
young children because we understand their numbers are increasing.
Another at risk group are younger vets--those who have served in Iraq
and Afghanistan because unemployment rates in this group are much
higher than the National average. Now we learn of homeless female
Veterans to add to the woes.
The Department of Veterans Affairs is taking decisive action to end
Veteran homelessness by 2015 and it is clear their efforts are having a
positive effect on this problem. Thanks to your efforts, the department
has the resources it needs to provide numerous opportunities for
Veterans to return to employment which is an important element in
preventing homelessness. Compensated Work Therapy (CWT) is comprised of
three unique programs which assist homeless Veterans in returning to
competitive employment: Sheltered Workshop, Transitional Work, and
Supported Employment. Veterans in CWT are paid at least the federal or
state minimum wage, whichever is the higher. The Homeless Veteran
Supported Employment Program (HVSEP) provides vocational assistance,
job development and placement, and ongoing supports to improve
employment outcomes among homeless Veterans and Veterans at-risk of
homelessness. Formerly homeless Veterans who have been trained as
Vocational Rehabilitation Specialists (VRSs) provide these services.
In terms of providing direct housing support, VA's Homeless
Providers Grant and Per Diem Program provides grants and per diem
payments (as funding is available) to help public and nonprofit
organizations establish and operate supportive housing and service
centers for homeless Veterans. This important partnership goes far in
reducing the number of homeless vets on our streets each night. The
HUD-VA Supportive Housing (VASH) Program is a joint effort between the
Department of Housing and Urban Development and VA. HUD has allocated
nearly 38,000 ``Housing Choice'' Section 8 vouchers across the country.
These vouchers allow Veterans and their families to live in market rate
rental units while VA provides case management services. The Acquired
Property Sales for Homeless Providers Program makes all VA foreclosed
properties available for sale to homeless provider organizations--at a
20 to 50 percent discount--to shelter homeless Veterans. And the
Supportive Services for Veteran Families (SSVF) Program provides grants
and technical assistance to community-based, nonprofit organizations to
help Veterans and their families stay in their homes.
VA's Health Care for Homeless Veterans (HCHV) Program offers
outreach, exams, treatment, referrals, and case management to Veterans
who are homeless and dealing with mental health issues, including
substance use. Offered at 135 facilities nation-wide, this program and
others like it are helping to meet the healthcare needs of our homeless
Veterans. More can be done and will be needed if we truly hope to
eradicate the Nations homeless program once and for all.
Legitimate, Sincere Veterans Preference: Commendable moves in
recent years by VA and the Department of Labor have enhanced the job
preferences available to Veterans. However, we need to ensure that OPM
guidelines that allow selective hiring practices within the federal
government are removed. Some Veteran applications are never even
considered for employment in the federal government, due to allowed
restrictive qualification wording and narrowed hiring practices. We
continue to urge your Committees to support any improvement that will
put ``teeth'' into such programs so that those who have served have a
``leg up'' when transitioning back into the civilian workforce.
Additionally we hope these Committees will look at ways how the
additional 5 Veterans preference points given to disabled Veterans can
be extended to those who are clearly eligible, but do not yet have a
completed claim by VA. Wounded Warriors aside, if a military member
stood before you, absent an arm as a result of their military service,
why on God's green earth do they need to fill out paperwork to prove
there are a disabled Vet and entitled to the full 10 points? Current
statues require a determination by VA before the additional points can
be given. With claims processing taking years to complete, that's an
awful long time to make someone wait for the addition consideration.
It's unnecessary and this simple action would complement the work of
the Administration and these Committees to enhance employment
opportunities for our Veterans.
Concurrent Receipt: AFSA continues its advocacy for legislation
that provides concurrent receipt of military retired pay and Veterans'
disability compensation for all disabled retirees without offset. Under
current statues, retirees with 50 percent or greater disabilities will
receive their full retired pay and VA disability in FY 2014. We were
pleased with language Congress approved in the FY 2013 National Defense
Authorization Act that fixed a long-standing glitch in the current
statutory formula that underpaid (and in some cases eliminated any
payment) of Combat-Related Special Compensation for combat-disabled
military retirees. Congress should now focus on eliminating this unjust
offset for Veterans with lesser disabilities and in particular,
individuals who were medically retired with less than 20 years of
service due to a service-connected illness or injury. They are not
treated equally! Currently 3 bills have been introduced in the 113th
Congress to address this issue. They are: H.R. 303, H.R. 333, and S.
234 by Representative Gus Bilirakis (R-FL), Representative Sanford
Bishop (D-GA), and Senate Majority Leader Harry Reid (D-NV)
respectively. I understand the issue of concurrent receipt actually
falls under the purview of the Armed Services Committees, but it is so
closely linked with the efforts of these Committees, I urge you to
support it as well.
Veterans Status for Certain Reserve Component Members: AFSA
supports full Veteran status for Reserve component members with 20
years or more of service, who do not otherwise qualify for Veterans
status under current law. Due to military funding and accounting
protocols, many reservists performed operational missions during their
careers but the orders purposely were issued under other than Title 10
authority to comply with funding and accounting protocols. Ironically,
these career reservists have earned specified veterans' benefits, but
they can't claim that they are veterans--at least not by the letter of
the law.
In October 2011 the House passed H.R. 1025, which was introduced by
Representative Tim Walz (D-MN) to address this issue but the Senate did
not approve that bill or its companion measure introduced by Senator
Mark Pryor (D-AR). Representative Walz has reintroduced his
legislation; H.R. 679. Passing this bill will not cost a penny; it does
not extend any benefit to these individuals that they have not already
earned. It simply bestows upon them the honorarium of being called a
veteran. The House is likely to pass the bill again this year so I urge
the Senate to take a hard look at this legislation and stop denying
these individuals the dignity of being called a veteran.
Retirement Benefits: Last year the Administration's FY 2013 budget
proposal called for higher TRICARE fees, the establishment of new ones
and the creation of a BRAC-like panel that will review current military
compensation and recommend changes (most likely reductions) for
Congress to consider. The President, some Members of Congress and many
senior civilian leaders repeatedly said they will ``not balance the
budget on the backs of Veterans.''
With roughly 20 percent of Congress having served in the military,
the Legislative Branch far exceeds the National average in that only 1
percent of US Citizens have served in the military. Unfortunately that
means that 80 percent of Congress and 99 percent of the Nation don't
understand one subtle, but ever so important nuance of military
service.
A Veteran is someone who has dedicated their life to their country.
A military retiree is a Veteran who has dedicated a lifetime.
A military retiree should be treated as a National treasure and
senior military leaders often speak of the importance of ``keeping the
faith'' with military members - particularly where earned benefits are
concerned. Benefits like retired pay and healthcare. Right now, Airmen
are asking ``Where is the faith?'' And they are looking to you, the
Members of Congress, to provide that answer. A large portion of the
success of the all-volunteer force can be directly attributed to the
benefits we provide military members in return for their service and
sacrifice, regardless of length. It will only serve to undermine long-
term retention and readiness when current service men and women hear
the talk of how their predecessors . . . the Veterans, the military
retirees, the National treasures . . . might get treated by their
country instead of fulfilling their promised benefits.
Stolen Valor of 2013: Those who serve our country in uniform take a
solemn vow to protect this nation and put their lives on the line so we
can continue to enjoy the freedoms we have today. They deserve our
honor; our respect, our support and our prayers but they do not deserve
to have their service and sacrifice devalued and desecrated by
impostors. Too many in this country wrongfully claim military service
or high military honors in order to garner unearned benefits like a
job, a donation, political favors or a scholarship for their children.
H.R. 258 by Representative Joe Heck (R-NV) and S. 210 by Senator Dean
Heller (R-NV) will help keep these scammers in check by making it
illegal to benefit by lying about military service or detract from an
honored veteran's accomplishments.
POW/MIAs: AFSA remains committed to provide the fullest possible
accounting of missing military members from all past and future
military actions, and promotes international compliance in recovery
efforts. We urge the members of these Committees to fully support and
fund the efforts of the Joint POW/MIA Accounting Command (JPAC), a
joint task force within DoD whose mission is to account for Americans
who are listed as Prisoners Of War (POW), or Missing in Action (MIA).
Full accounting of those Missing in Action is not just a term for
us, it is a commitment to the memory of those missing in action and
their families. We, as a Nation, owe these families our very best
efforts to account for all missing members of our Armed Forces.
SUPPORT OF SURVIVORS
SBP/DIC Offset: With current military deployments and increasing
casualties, it is imperative that we plan to properly take care of
those who may be left behind if a military member makes the ultimate
sacrifice. We commend these Committees for previous legislation, which
allowed retention of Dependency and Indemnity Compensation (DIC),
burial entitlements, and VA home loan eligibility for surviving spouses
who remarry after age 57. However, we strongly recommend the age-57 DIC
remarriage provision be reduced to age 55 to make it consistent with
all other federal survivor benefit programs.
We also endorse the view that surviving spouses with military
Survivor Benefit Plan (SBP) annuities should be able to concurrently
receive earned SBP benefits and DIC payments related to their sponsor's
service-connected death. AFSA has SBP-DIC offset repeal as their #1
focus item for survivors! We want to thank Congressman Joe Wilson, (R-
SC) for introducing H.R. 32 in the 113th Congress which addresses this
issue as well as the 70 cosponsors who have already endorsed this
effort. I'm told Senator Bill Nelson (D-FL) plans to reintroduce a
Senate companion bill soon and I urge the members of the Senate to
cosponsor that bill as well.
Special Survivor Indemnity Allowance: The fiscal year 2008 NDAA
(Public Law 110-181) created the Special Survivor Indemnity Allowance
(SSIA) for surviving spouses' whose military Survivor Benefit Plan
(SBP) annuities were being offset, in whole or in part, by Dependency
and Indemnity Compensation (DIC) which are paid by the Department of
Veterans Affairs. It also applies to the widows of members who died on
active duty whose SBP annuity is partially or fully offset by their
DIC. Congress approved this legislation in lieu of repealing the SBP/
DIC offset.
SSIA began as a $50 monthly payment on October 1, 2008, and was
scheduled to increase by $10 each year through 2013 when the benefit
expired. In 2009, a provision in the Family Smoking Prevention and
Tobacco Control Act (Public Law No: 111-31) extended the allowance
another five years and increased projected monthly rates. Provisions in
the House version of FY 2012 NDAA would have extended the benefit
through 2021, and raise monthly rates slightly through FY 2017, but the
provision was dropped in Joint Conference. Needless to say we were
disappointed with this action and continue to call on Members of
Congress to eliminate this unjust offset altogether.
CHAMPVA Dental Plan Participation: AFSA supports a plan that allows
Survivors qualified for CHAMPVA health care to be allowed to enroll in
a proposed CHAMPVA Dental program. The proposal, which is modeled on
the TRICARE Retiree Dental Plan, would have no PAYGO offset requirement
since it would be fully funded by enrollees' premiums.
Final Paycheck: Finally, it is time to end the government's
practice of electronically withdrawing the last paycheck of military
retirees upon their death. Automatically withdrawing these funds can
inadvertently cause essential payments to bounce and place great
financial strain on a beneficiary already faced with the prospect of
additional costs associated with their loved one's death. In the 112th
Congress Congressman Walter Jones, (R-NC) introduced H.R. 493, the
``Military Retiree Survivor Comfort Act,'' which would allow survivors
to retain the full month's retired pay for any month the retiree was
alive for at least 24 hours. To offset the cost associated with his
proposal, a provision of the bill would delay the first Survivor
Benefit Plan (SBP) annuity payment until the month after the retiree
dies. Congress passed a similar law in 1996 allowing surviving spouses
to retain Veterans disability and VA pension payments issued for the
month of the Veteran's death. AFSA strongly believes military retired
pay should be treated no differently.
CEMETERIES
National Cemeteries: VA's National Cemetery Administration (NCA) is
responsible for providing final honors to many of our Nation Veterans.
Thanks to your efforts, many expansion projects and construction
projects have been completed, are underway or are being planned to
ensure everyone who served this Nation in uniform has a final resting
place. However we urge your continued oversight of the system to ensure
the Nations solemn obligations in this area are maintained.
Clark Veterans Cemetery: We applaud the recent passage of
legislation authored by Senator Kelly Ayotte (R-NH) that authorizes the
restoration of the Veterans Cemetery at former Clark Air Force Base in
the Philippines and places it under the care of the American
Battlefields Monuments Commission (ABMC). This cemetery was established
in 1948 by moving remains and head stones of over 7,000 graves from
several older U.S. military base cemeteries located throughout the
Philippines to include Fort McKinley in Manila, Sangley Point Naval
Station and two cemeteries located on Fort Stotsenberg. Over 5,000
alone were disinterred from the old Fort McKinley cemetery to make room
for a new World War II American Military Cemetery and Memorial on the
same site, forever linking the Clark and new Manila Cemetery. The Air
Force continued military burials at Clark until November 1991. The CVC
then fell into disrepair with overgrown vegetation, vandalism, ash
damage and looting. In 1994 the local VFW Post restored the cemetery as
best they could and began a program of maintenance as well as burial of
our Veterans. Today, over 8,600 American Veterans and their families
are interred, Veterans who served in every war since the Civil War, to
include the Iraq War. For years it was an abandoned and forgotten
American Military Cemetery with over a hundred years of history as rich
as any other of our Nation's military cemeteries. I know the very
recent funding and responsibility changes will fix the problems and I
applaud Chairman Miller and Vice Chair Bilirakis for going to the Clark
Cemetery during the recent congressional recess to assess the problems
there first-hand.
EDUCATION
Post 9/11 GI Bill: Arguably the best piece of legislation ever
passed by Congress in recent times and thanks to the efforts of many of
you here, the Post-9/11 GI Bill (Chapter 33) is providing unprecedented
educational opportunities for thousands of men and women who served in
uniform since 9/11 and many of their family members. Last year VA
provided educational benefits to nearly a million students with more
than half of the recipients receiving their education via the Post-9/11
GI Bill.
We are especially grateful for the bi-partisan and bi-cameral
effort that resulted in final passage of H.R.4057, the ``Improving
Transparency of Education Opportunities for Veterans Act of 2012.''
This important legislation directs access to upgraded information
resources for Veterans so they make smart choices about their
education, improves reporting on outcomes and strengthens oversight of
all institutions receiving GI Bill funding. Each of these will go far
in ensuring the best stewardship of our tax dollars.
AFSA asks the Committees to consider other potential improvements
to the Post 9/11 GI Bill these include:
Authorizing in-state tuition rates for all non-resident
student Veterans enrolled in public colleges and universities;
Allowing use of Post 9/11 benefits to cover costs
required in the pursuit of a degree;
Expanding the VetSuccess On Campus program so that more
Veterans can get benefit from academic and career counseling support;
Amending the educational counseling provisions in Chapter
36, 38 U.S.C. to mandate such counseling via appropriate means,
including modern technologies, and permit Veterans to opt out of the
program;
Raising the $6 million cap in the counseling provision to
meet the enormous demand of new GI Bill enrollments; and
Requiring all programs receiving funding under the GI
Bill be ``Title IV'' eligible. In other words, post-secondary academic
programs should be required to meet Department of Education
accreditation and other requirements
Providing in-state tuition rates at federally supported State
universities and colleges-regardless of residency requirements, is an
important goal for AFSA due to the mobile nature of the military.
Education Benefits for Survivors and Dependents: VA's Survivors &
Dependents Assistance (DEA) Program (Chapter 35) provides education and
training opportunities to the spouse and eligible children of certain
Veterans. Whereas most VA educational programs increased payment rates
in recent years, the DEA program has not. As a result, the value of
this benefit continues to erode as college costs continue to climb.
Congress should boost these rates to closely match the current cost of
a four-year public university.
CONCLUSION
Chairman Sanders, Chairman Miller, in conclusion, I want to thank
you again for this opportunity to express the views of our members on
these important issues as you consider the FY 2014 budget. We realize
that those charged as caretakers of the taxpayers' money must budget
wisely and make decisions based on many factors. As tax dollars must be
prioritized, the degree of difficulty deciding what can be addressed,
and what cannot, grows significantly. However, AFSA contends it is of
paramount importance for a Nation to provide quality health care and
top-notch benefits in exchange for the devotion, sacrifice, and service
of military members during their prime adult working years,
particularly while the Nation remains at war. So too, must those making
the decisions take into consideration the decisions of the past, the
trust of those who are impacted, and the negative consequences upon
those who have based their trust in our government.
We sincerely believe the work the House and Senate Veterans'
Affairs Committees do is among the most important on the Hill. Year
after year, these two Committees have illustrated the value of non-
political cooperation with the full focus of your efforts on the well-
being of those who have served and are serving this Nation. On behalf
of all AFSA members, we appreciate your efforts and as always, we stand
ready to support you in matters of mutual concern.
The Air Force Sergeants Association looks forward to working with
you in this first Session of the 113th Congress.
Respectfully submitted this 6th day of March, 2013
Prepared Statement of Bill Lawson
Chairman Miller, Chairman Sanders and members of the Committees, I
appreciate the opportunity to present the legislative priorities for
2013 of Paralyzed Veterans of America (Paralyzed Veterans). Since its
founding, Paralyzed Veterans has developed a worthy record of
accomplishment, of which we are extremely proud. Again, this year, I
come before you with our views on the current state of veterans'
programs and services and recommendations for continued improvement in
the services and benefits provided to veterans.
BACKGROUND--Paralyzed Veterans was founded in 1946 by a small group
of returning World War II veterans, all of whom had experienced
catastrophic spinal cord injury and who were consigned to various
military hospitals throughout the country. Realizing that neither the
medical profession nor government had ever confronted the needs of such
a population, the returning veterans decided to become their own
advocates and to do so through a national organization.
From the outset the founders recognized that other elements of
society were neither willing nor prepared to address the full range of
challenges facing individuals with a spinal cord injury, be they
medical, social, or economic. Paralyzed Veterans' founders were
determined to create an organization that would be governed by the
members, themselves, and address their own unique needs. Being told
that their life expectancy could be measured in weeks or months, these
individuals set as their primary goal actions that would maximize the
quality of life and opportunity for all veterans and individuals with
spinal cord injury--it remains so today.
To achieve its goal over the years, Paralyzed Veterans has
established ongoing programs of research, sports, service
representation to secure our members' and other veterans' benefits,
advocacy in promoting the rights of all citizens with disabilities,
architecture promoting accessibility, and communications to educate the
public about individuals with spinal cord injury. We have also
developed long-standing partnerships with other veterans' service
organizations. Paralyzed Veterans, along with AMVETS, Disabled American
Veterans, and the Veterans of Foreign Wars, co-author The Independent
Budget--a comprehensive budget and policy document that has been
published for 27 years.
Today, Paralyzed Veterans is the only congressionally chartered
veterans' service organization dedicated solely to the benefit and
representation of veterans with spinal cord injury or disease.
SUFFICIENT, TIMELY AND PREDICTABLE FUNDING FOR VA HEALTH CARE-- As
the country faces a difficult and uncertain fiscal future, the
Department of Veterans Affairs (VA) likewise faces significant
challenges ahead. Congress and the Administration continue to face
immense pressure to reduce federal spending. With these thoughts in
mind, we cannot emphasize enough the importance of ensuring that
sufficient, timely and predictable funding is provided to the VA. We
anxiously await the budget submission to be released by the
Administration that will include funding recommendations for VA
programs for FY 2014, the advance appropriation recommendation for FY
2015, and an updated analysis of the funding needs for health care
programs for FY 2014.
Meanwhile, Paralyzed Veterans is particularly concerned that the
broken appropriations process continues to have a negative impact on
the operations of the VA. Once again this year Congress failed to fully
complete the appropriations process in the regular order, instead
choosing to fund the federal government through a 6-month Continuing
Resolution. As a result of the enactment of advance appropriations, the
health care system is generally shielded from the difficulties
associated with late appropriations (an occurrence that has become the
rule, not the exception). However, we cannot be certain that health
care spending will not be negatively impacted by this 6-month
continuing resolution. The unacceptable manner with which the FY 2014
advance appropriations funding was handled in the FY 2013 continuing
resolution reaffirms this concern.
Moreover, The Independent Budget co-authors remain concerned about
steps VA has taken in recent years in order to generate resources to
meet ever-growing demand on the VA health-care system. The
Administration continues to rely upon ``management improvements,'' a
popular gimmick that was used by previous Administrations to generate
savings and offset the growing costs to deliver care. Unfortunately,
these savings were often never realized leaving VA short of necessary
funding to address ever-growing demand on the health-care system.
Additionally, the VA continues to overestimate and underperform in its
medical care collections. Overestimating collections estimates affords
Congress the opportunity to appropriate fewer discretionary dollars for
the health care system. However, when the VA fails to achieve those
collections estimates, it is left with insufficient funding to meet the
projected demand. As long as this scenario continues, the VA will find
itself falling farther and farther behind in its ability to care for
those men and women who have served and sacrificed for this nation.
For FY 2014, The Independent Budget recommends approximately $58.8
billion for total medical care, an increase of $3.3 billion over the FY
2013 operating budget. Meanwhile, the Administration recommended an
advance appropriation for FY 2014 of approximately $54.4 billion in
discretionary funding for VA medical care. When combined with the $3.1
billion Administration projection for medical care collections, the
total available operating budget recommended for FY 2014 is
approximately $57.5 billion.
The medical care appropriation includes three separate accounts--
Medical Services, Medical Support and Compliance, and Medical
Facilities--that comprise the total VA health-care funding level. For
FY 2014, The Independent Budget recommends approximately $47.4 billion
for Medical Services. For Medical Support and Compliance, The
Independent Budget recommends approximately $5.84 billion. Finally, for
Medical Facilities, The Independent Budget recommends approximately
$5.57 billion.
As explained previously, P.L. 111-81 required the President's
budget submission to include estimates of appropriations for the
medical care accounts for FY 2013 and subsequent fiscal years. With
this in mind, the VA Secretary is required to update the advance
appropriations projections for the upcoming fiscal year (FY 2014) and
provide detailed estimates of the funds necessary for the medical care
accounts for FY 2015.
For the first time this year, The Independent Budget offers
baseline projections for funding for the medical care accounts for FY
2015. While we have previously deferred to the Administration and
Congress to provide sufficient funding through the advance
appropriations process, we have growing concerns that this
responsibility is not being taken seriously. The fact that for two
fiscal years in a row the Administration recommended funding levels
that were not changed in any appreciable way upon review, and the fact
that Congress simply signed off on those recommendations without
thorough analysis, leads us to conclude that VA funding is falling
farther and farther behind the growth in demand for services. We
believe the continued feedback from veterans around the country about
long wait times and lack of access to services affirms this belief. As
such, we have decided to offer our own estimates of what we believe the
true resource needs will be for the VA health care system in FY 2015.
For FY 2015, The Independent Budget recommends approximately $61.6
billion for total medical care. Unfortunately, the Administration has
yet to provide its FY 2014 Budget Request which will include an advance
appropriation recommendation for FY 2015 for VA health care. For FY
2015, The Independent Budget recommends approximately $49.8 billion for
Medical Services. For Medical Support and Compliance, The Independent
Budget recommends approximately $6.14 billion. Finally, for Medical
Facilities, The Independent Budget recommends approximately $5.69
billion.
Paralyzed Veterans would like to applaud Chairman Miller and
Ranking Member Michaud for introducing H.R. 813, the ``Putting Veterans
Funding First Act of 2013.'' This legislation requires all accounts of
the VA to be funded through the advance appropriations process. It
would provide protection for the operations of the entire VA from the
political wrangling that occurs as a part of the appropriations process
every year. Similarly, we would like to thank Representative Brownley
for introducing H.R. 806, the ``Veterans Healthcare Improvement Act.''
This legislation permanently establishes the Government Accountability
Office's reporting requirements as a part of VA advance appropriations.
PROTECTION OF THE VA HEALTH CARE SYSTEM, WITH A FOCUS ON
SPECIALIZED SERVICES--The VA is the best health care provider for
veterans. Providing primary care and specialized health services is an
integral component of VA's core mission and responsibility to veterans.
Across the nation, VA is a model health care provider that has led the
way in various areas of medical research, specialized services, and
health care technology. In fact, the VA's specialized services are
incomparable resources that often cannot be duplicated in the private
sector. However, these services are often expensive, and are severely
threatened by cost-cutting measures and the drive toward achieving
management efficiencies.
Over the years, the VA has earned a reputation as a leader in the
medical field for its quality of care and innovation in both the health
care and medical research fields. However, even with VA's advances as a
health care provider, some political leaders and policy makers continue
to advocate expanding health care access for veterans by contracting
for services in the community. While we recognize that VA must tap into
every resource available to ensure that the needs of veterans are being
met, such changes to the Veterans Health Administration (VHA) would
move veterans out of the ``veteran-specific'' care within VA, leading
to a diminution of VA health care services, and increased health care
costs in the federal budget. Despite recent calls for providing
veterans with increased access through vouchers for private care or the
expansion of fee basis care, Paralyzed Veterans strongly believes that
VA remains the best option available for veterans seeking health care
services.
The VA's unique system of care is one of the nation's only health
care systems that provide developed expertise in a broad continuum of
care. Currently, VHA serves more than 8 million veterans, and provides
specialized health care services that include program specific centers
for care in the areas of spinal cord injury/disease, blind
rehabilitation, traumatic brain injury, prosthetic services, mental
health, and war-related poly-traumatic injuries. Such quality and
expertise on veterans' health care cannot be adequately duplicated in
the private sector.
Moreover, specialized services, such as spinal cord injury care,
are part of the core mission and responsibility of the VA. These
services were initially developed to care for the unique health care
needs of veterans. The provision of specialized services is vital to
maintaining a viable VA health care system. Specialized services are
part of the primary mission of the VA. The erosion of these services
would lead to the degradation of the larger VA health care mission.
Reductions in beds and staff in both VA's acute and extended care
settings have been reported, even though Public Law 104-262, ``The
Veterans' Health Care Eligibility Reform Act of 1996,'' mandated that
VA maintain its capacity to provide for the special treatment and
rehabilitative needs of veterans. In addition, Congress required that
VA provide an annual capacity reporting requirement, to be certified or
commented upon, by the Inspector General of the Department.
Unfortunately, this basic reporting requirement expired in 2004.
With growing pressure to allow veterans to seek care outside of the
VA, the VA faces the possibility that the critical mass of patients
needed to keep all services viable could significantly decline. All of
the primary care support services are critical to the broader
specialized care programs provided to veterans. If primary care
services decline, then specialized care is also diminished.
Meanwhile, as VA services are designed specifically to meet the
needs of veterans, VHA has received excellent ratings from patient
satisfaction surveys, and garnered much recognition for its national
safety program. The VA's system of patient-centered and coordinated
care helps to ensure safe and consistent delivery of services.
Additionally, independent research organizations have also found VA to
be the lowest cost provider when compared to private health care
systems. Paralyzed Veterans will continue to oppose any efforts that
place the VA health care system at risk of being unable to properly
meet the health care demands of veterans, particularly veterans with
spinal cord injury or dysfunction.
OVERSIGHT OF THE VA PROSTHETICS PROGRAM--The VA Prosthetic and
Sensory Aids Service (PSAS) has created a prosthetics and surgical
products contracting center within the VA Office of Acquisition and
Logistics that is responsible for ordering prosthetic devices that cost
$3000 or more. This change has resulted in delayed delivery of
prosthetic devices, the diminution of quality service delivery for
disabled veterans, and prolonged hospital stays for veterans waiting
for prosthetic equipment that they need to safely move forward in the
rehabilitation process.
The implementation of the new warrant transition process has not
unfolded as planned, and an increasing number of veterans are suffering
the consequences, languishing in hospitals as in-patients, or at home
without their much needed prosthetic equipment. The VA is not
communicating effectively with veterans and stakeholders in the veteran
community to learn of the various ways that this change is impacting
veterans and the delivery of their care. Paralyzed Veterans believes
that VA's new warrant transition process requires more attention than
it is currently receiving, and we recommend increased Congressional
oversight to bring attention to the negative outcomes that have
resulted from this change, and identify ways to address the issues.
Although the warrant transition involves a small percentage of the
total workload for VHA, this change includes critical prosthetic
devices such as artificial limbs, wheeled mobility chairs, and surgical
implants. Delays in these procurements prove costly to both the
government, in terms of unnecessarily extended hospital stays while
awaiting equipment, and veterans, in terms of lost independence and
quality of life.
PROTECTING VETERANS BENEFITS WHILE MODERNIZING THE VA CLAIMS
PROCESS--Paralyzed Veterans believes that VA benefits have no place in
deficit reduction efforts. VA disability compensation is a benefit
provided because an individual became disabled in service to the
country. In addition, many ancillary benefits--particularly Specially
Adapted Housing benefits, adaptive automobile assistance, and
vocational rehabilitation--are provided to service connected disabled
veterans. Moreover, education benefits, such as the Post-9/11 GI Bill,
are earned through service. These benefits reflect the debt of
gratitude this nation owes the men and women who served in uniform and
recognize the challenges they face every day as a result of their
service. Any attempt to reduce or modify eligibility criteria would be
considered an abrogation of the responsibility that this nation has to
veterans and would be wholly unacceptable. Additionally, reduction in
funding for VA pension programs would place veterans who live on the
financial margins to face the prospect of poverty and homelessness.
Meanwhile, the Veterans Benefits Administration (VBA) continues to
work toward reducing the backlog of VA claims, but they must focus on
creating a veteran's benefits claims processing system designed to
``get each claim done right the first time.'' This goal cannot be over
emphasized. This system needs to be based upon modern, paperless
information technology (IT) and workflow systems focused on quality,
accuracy, efficiency and accountability and must be capable of
continuous improvement. VBA must evolve its corporate culture to focus
on information gathering, systems analysis, identification of problems,
creative solutions and rapid adjustments. If VBA stresses quality
control and training, and continues to receive sufficient resources,
timeliness will improve and production will increase and then and only
then can the backlog be reduced and eventually eliminated.
VA has presented over 40 initiatives as components of its
transformation plan which signals a commendable effort on VA's part to
comprehensively confront issues that have long plagued its systems and
processes. However, the success of this litany of initiatives depends
heavily on whether the VA Regional Offices are properly staffed and
resourced, training is adequate, and the cost-benefit analyses are
thorough and honest. Given the enormous pressure to reduce the backlog,
Paralyzed Veterans is also concerned that there could be a bias towards
process improvements that result in greater production over those that
lead to greater quality and accuracy.
VA's most anticipated initiative, the Veterans Benefits Management
System (VBMS), pioneered the development of a paperless claims IT
solution to improve future business processes. It was intended to
enable more efficient claims process flow to reduce cycle time by
eliminating paper claims and supporting process changes, but its
success to date is qualified by the reality that the system is designed
to handle simpler cases than those Paralyzed Veterans typically sees
and few cases processed to date have involved catastrophic
disabilities. Rules-based processes like VBMS treat all veterans the
same and can be flawed by imperfect rulemaking and application and does
not have the human interaction to fully understand the circumstances of
a specific injury.
VBA has struggled for decades to provide timely and accurate
decisions on claims for veterans' benefits, especially disability
compensation. However, despite repeated prior attempts to reform the
system, VBA has never been able to reach the goals it has set for
itself. Whether VBA can be successful this time depends to a large
extent on whether it can complete a cultural shift away from focusing
on speed and production to a business culture of quality and accuracy.
There have been some encouraging steps towards such a cultural
shift over the past few years; however, this early progress must be
institutionalized in order to create the long term stability needed to
eliminate the current backlog of claims, and more importantly, prevent
such a backlog from returning in the future. VBA must change the way it
measures and reports the work it performs as well as the way in which
employees are rewarded, in order to reflect the principle that quality
and accuracy are at least as important as speed and production. It is
our understanding that VBA is actually making changes to its
methodology for evaluating claims decisions and performance at this
time. Ensuring that decisions are correct the first time will, over
time, increase public confidence in the VA and decrease appeals.
One of the more positive steps that have occurred as a part of
VBA's transformation has been the open and candid attitude of VBA's
leadership over the past several years, particularly progress towards
developing a new partnership between VBA and veterans' service
organizations that assist veterans in filing claims. Veterans' service
organizations have vast experience and expertise in claims processing,
with local and national service officers holding power of attorney
(POA) for hundreds of thousands of veterans and their families. We do
however have concerns that VBA has once again shut the door on VSO
input with regards to the ongoing revisions of the VA schedule for
rating disabilities (VASRD). Our initial assessment of VA's proposed
changes to some of the body systems in the VASRD led us to believe that
VA was moving in the wrong direction. However, once we began expressing
our concerns to VA, access to the revision efforts became more
difficult. As a key stakeholder, we believe it is absolutely imperative
that VSO's retain a leading role as the VA updates its processes and
regulations. It will be incumbent upon the Committees to conduct
substantive oversight on VBA's activities to ensure that the primary
objective--accurate decisions the first time--is being achieved.
BENEFITS FOR SEVERELY DISABLED VETERANS--Paralyzed Veterans
believes that it is time for the Committees to make a concerted effort
to improve benefits for the most severely disabled veterans
particularly with regards to the rates of Special Monthly Compensation
paid to severely disabled veterans. We also believe the Committees
should consider the larger benefit that providing travel reimbursement
to catastrophically disabled non-service connected veterans will have
on the long term care costs that can be saved from this population of
veterans.
As you know, there is a well-established shortfall in the rates of
Special Monthly Compensation (SMC) paid to the most severely disabled
veterans that the VA serves. SMC represents payments for ``quality of
life'' issues, such as the loss of an eye or limb, the inability to
naturally control bowel and bladder function, the inability to achieve
sexual satisfaction or the need to rely on others for the activities of
daily life like bathing, or eating. To be clear, given the extreme
nature of the disabilities incurred by most veterans in receipt of SMC,
we do not believe that a veteran can be totally compensated for the
impact on quality of life; however, SMC does at least offset some of
the loss of quality of life.
Paralyzed Veterans believes that an increase in SMC benefits is
essential for veterans with severe disabilities. Many severely injured
veterans do not have the means to function independently and need
intensive care on a daily basis. Many veterans spend more on daily
home-based care than they are receiving in SMC benefits. With this in
mind, Paralyzed Veterans would like to recommend that Aid and
Attendance (A&A) benefits be appropriately increased. Attendant care is
very expensive and often the A&A benefits provided to eligible veterans
do not cover this cost. In fact, many Paralyzed Veterans members who
pay for full-time attendant care incur costs that far exceed the amount
they receive as SMC-A&A beneficiaries at the R2 compensation level (the
highest rate available). We encourage the Committees to consider
legislation that specifically address increases to the R1 and R2 rates
for SMC and A&A benefits soon.
Also, we believe the Committee should consider expanding travel
reimbursement benefits to catastrophically disabled non-service
connected veterans. While we recognize that the VA will face tighter
budgets in the future, and that this benefit could add a significant
cost to the VA, we believe the short term costs of expanding this
benefit to this population of veterans would be far outweighed by the
potentially greater long term health care costs for these veterans. Too
often, catastrophically disabled veterans choose not to travel to VA
medical centers for appointments and procedures due to significant
costs associated with their travel. They then may end up at an
outpatient clinic or a private health care facility that is ill-
equipped to meet their specialized health care needs. The result is
often the development of far worse health conditions and a higher cost
of care. By ensuring that catastrophically disabled veterans are able
to travel to the best location to receive necessary care, their overall
health care costs to the VA can be reduced.
LONG-TERM CARE--Paralyzed Veterans continues to be concerned about
the lack of VA's long-term care services for veterans with spinal cord
injury or dysfunction (SCI/D). Approximately 7,300 of our members are
now over 65 years of age and another 6,000 are currently between 55 and
64. These aging veterans are experiencing an increasing need for VA's
home and community-based services and VA's specialized SCI/D nursing
home care. Unfortunately, we believe that VA is not requesting and
Congress is not providing sufficient resources to meet the demand.
The ability to remain in the home for many of these veterans is
based on their ability to receive VA home and community-based services
such as hospital based home care or respite services. For others, their
living status and independence is based on the health of a primary
caregiver, usually a spouse, who is also aging and may no longer be
able to provide the level of support they once could. VA's non-
institutional long-term care services are keys to supporting aging SCI/
D veterans and their caregivers and their desires to remain home as
they grow older.
Unfortunately, the ability of veterans with SCI/D to access a full
range of VA home and community-based care varies across the country.
Waiting lists exist at almost all VA facility locations and many other
VA facilities don't offer the full range of services mandated by the
``Millennium Health Care Act.'' Additionally, VA program geographic
boundaries often limit access to long-term care services provided by a
regional VA SCI center.
The availability of these services is necessary to support veterans
with SCI/D and their aging caregivers in their own homes, where they
most want to be, and at a dramatically lower cost of care to VA.
Paralyzed Veterans requests that your Committees encourage VA to
provide the full range of home and community-based long-term care
services, as mandated by P.L. 106-117, the ``Veterans Millennium Health
Care and Benefits Act of 1999,'' at each and every VA facility within
the system.
Currently, VA operates only five designated long-term-care
facilities for SCI/D veterans. Unfortunately, the existing centers are
not geographically located to meet the needs of a nationally
distributed SCI/D veteran population. Often, the existing centers do
not have space available for new veterans needing long-term-care
services, and facilities have long waiting lists for admission. VA has
designated SCI/D long-term-care facilities because of the unique
medical needs of SCI/D veterans, and the specialty skills and
qualifications that are necessary to care for and meet the medical
needs of veterans with SCI/D. Therefore, when veterans do not have
access to SCI/D long-term-care centers, the quality of care provided is
compromised and veterans are forced to seek alternative care settings
such as non-SCI/D nursing homes.
While VA has identified the need to provide additional SCI/D long-
term-care centers, and has included these additional centers in ongoing
facility renovations, such plans have been pending for years. To ensure
that SCI/D veterans in need of long-term-care services have timely
access to VA centers that can provide quality care, both VA and
Congress must work together to ensure that the Spinal Cord Injury
System of Care has adequate resources to staff existing long-term-care
centers, as well as increase the number of centers throughout VA.
Paralyzed Veterans, in accordance with the recommendations of The
Independent Budget for FY 2014, recommends that VA SCI/D leadership
design a SCI/D long-term-care strategic plan that addresses the need
for increased access, and makes certain that VA SCI/D long-term-care
services allow SCI/D veterans to attain or maintain a community level
of adjustment, and maximal independence despite their loss of
functional ability''
REPRODUCTIVE SERVICES FOR CATASTROPHICALLY DISABLED VETERANS--A
continuing high priority for Paralyzed Veterans is the provision of
reproductive services for catastrophically disabled service-connected
veterans. One of the most devastating results of spinal cord injury or
dysfunction for many individuals is the loss of the ability to have
children and raise a family. Paralyzed Veterans has long sought
inclusion of reproductive services in the spectrum of health care
benefits provided by the VA. We believe they are critical components of
catastrophically disabled veterans' maximization of independence and
quality of life.
Advancements in medical treatments have for some time made it
possible to overcome infertility and reproductive disabilities. For
some paralyzed veterans procreative services have been secured in the
private sector at great cost to the veteran and family. Similar to the
Department of Defense's recognition that reproductive services are
crucial elements in affording catastrophically disabled individuals and
their spouses with life-affirming ability to have children and raise a
family, so too will passage of legislation that will authorize the VA
to offer similar services to veterans disabled in service to the
nation.
With this in mind, we strongly urge the Senate VA Committee to
consider and approve S. 131, the ``Women Veterans and Other Health Care
Improvements Act.'' This legislation would afford catastrophically
disabled veterans and their spouses the opportunity to finally realize
the dream of having children. We would also like to point out that
Representative Rick Larsen (D-WA) is preparing to introduce companion
legislation to S. 131. We hope that all members of the House VA
Committee will consider cosponsoring this legislation. Additionally, we
urge the House VA Committee to take up and approve this legislation as
soon as it is introduced.
INCREASE IN CHAMPVA BENEFICIARY AGE--The Civilian Health and
Medical Program of the Department of Veterans Affairs (CHAMPVA) is a
comprehensive health care program in which the VA shares the cost of
covered health care services for eligible beneficiaries, including
children up to age 23. Due to the similarity between CHAMPVA and the
Department of Defense (DOD) TRICARE program the two are often mistaken
for each other. However, CHAMPVA is a VA managed program whereas
TRICARE is a health care program for active duty service members,
military retirees and their families and survivors.
In accordance with the provisions of P.L. 111-148, the ``Patient
Protection and Affordable Care Act (ACA),'' all commercial health
insurance coverage along with TRICARE has increased the age for covered
dependents from 23 years old to 26 years old. At this time the only
qualified dependents that are not covered under a parent's health
insurance policy up to age 26 are those of 100 percent service-
connected disabled veterans covered under CHAMPVA. It is time for
Congress to correct this oversight. We urge the House VA Committee to
consider and approve H.R. 288 and the Senate VA Committee to consider
and approve S. 325 in order to fix this injustice once and for all.
VETERANS EMPLOYMENT AND TRANSFER OF VETS TO VA--The unemployment
rate for veterans with catastrophic disabilities currently lingers
around 85 percent. Unfortunately, this statistic was true even when the
economy was booming. Some of this is due to low self-expectations on
the veteran's part. But employers have played a role in this as well,
by submitting to stigmas and misperceptions about the cost of hiring
disabled veterans. Paralyzed Veterans led the way by launching our
Paving Access for Veterans Employment (PAVE) Program in 2007 in order
to erase stigmas and change expectations for veterans who suffered a
life-changing circumstance and need help regaining independence and
economic self sufficiency.
Our PAVE Program provides core services to more than 1500 veterans,
extended services (benefits, health, and/or career assistance) to over
30,000, and our Master's-level certified counselors have helped more
than 250 hard-to-place clients achieve their vocational goals. PAVE
counselors and service officers serve any veteran, spouse, or
dependent, at no cost to them. Our services extend to all 50 states and
Puerto Rico through six regional offices collocated with VA Spinal Cord
Injury Centers and our network of 69 service offices around the
country. The secret of our success is the ``supported employment''
model we use. This model allows us to engage veterans at the bedside
while they recover, integrate resources, and customize services to
individual needs. We then remain Partners For Life with our veterans to
ensure they never have to go it alone.
Similarly, we appreciate the emphasis that the Committees have
placed on veterans' employment in the last few years. And yet, we
believe more can be done. We strongly recommend the Committees adopt a
resolution calling for a five-year extension of the Work Opportunity
Tax Credit (WOTC), including the VOW Act credits for veterans
incorporated in WOTC. WOTC is particularly important to disabled
veterans because two out of three veterans find jobs in the private
sector. Unfortunately, most small and medium size enterprises aren't
participating in WOTC because the program will expire at the end of
this year. If WOTC were made permanent or at the very least extended
for a minimum of five years, we believe significant opportunities would
be opened to veterans and disabled veterans seeking employment.
Additionally, we would like to recommend a transfer of all programs
administered by the Department of Labor's Veterans Employment and
Training Service (VETS) to the VA. This recommendation is also included
in The Independent Budget for FY 2014. For nearly two decades, VETS has
been charged with providing employment services to veterans and
disabled veterans to reengage them in the workforce. Unfortunately,
multiple reports from the Government Accountability Office (GAO) and
other government commissions have shown that VETS has been unable to
provide adequate oversight of the State Grant program and has failed to
implement adequate performance metrics to determine the quality of
services provided to veterans seeking employment. Moreover, too often
Disabled Veterans Outreach Program (DVOP) specialists and Local
Veterans Employment Representatives (LVER) have been forced to perform
other functions with state workforce agencies leaving veterans without
adequate service.
For this reason, Paralyzed Veterans continues to advocate for
legislation that would consolidate the programs administered by VETS
under the authority of the Department of Veterans Affairs (VA).
Consolidating these programs under the umbrella of the VA will ensure
better management, oversight, and ultimately productivity from VETS
staff. Additionally, it will ensure that these critical services for
veterans are given the highest priority, a principle that is severely
lacking under the administration of DOL.
``ONE VA''--In the end, many of the concerns that I have raised
reflect the belief that this is not ``One VA.'' While our ears hear
``One VA,'' our eyes and our experiences show us 21 individual VA
systems masquerading as Veteran Integrated Service Networks (VISNs).
The VISN model of health care was intended to create strategic
alliances among VA medical centers, clinics and other sites; sharing
agreements with other government providers; and other such
relationships. Instead, we see these VISNs being run like autonomous
entities in a fragmented network, with inconsistent policies and
budgetary turf battles that leave many veterans faced with delayed or
denied access to care or prosthetics items.
In fact, Paralyzed Veterans service officers had to get involved
when one of our members--a 94-year old paralyzed Marine who fought in
WWII--endured a longer in-patient stay because two VISNs could not
decide which VISN would pay for his hoyer lift and commode chair he
needs to live independently. In the ``One VA'' world, it is not his
burden. But in this real instance, he was the one caught in the middle
of two independently operating VISNs, thus defying any notion of there
being ``One VA.''
On balance, VA is fortunate to have good people who still adhere to
the principle that veterans come before cost considerations and
policies. Even in times of national economic difficulty and profound
organizational transformation, our Nation's security is still preserved
by the men and women who take the oath and believe in the Country's
promise to care for him or her should they suffer injury or disease.
But until we have 21 VISNs that operate with a common purpose, under
common policies, variability between VISNs will create even more gaps
in which the most vulnerable veterans will fall. We hear ``One VA.''
Now show us ``One VA.''
Paralyzed Veterans of America appreciates the opportunity to
present our legislative priorities and concerns for the second session
of the 112th Congress. We look forward to working with the Committees
to ensure that sufficient, timely, and predictable resources are
provided to the VA health care system so that eligible veterans can
receive the care that they have earned and deserve. Chairmen Miller and
Sanders, I would like to thank you again for the opportunity to
testify. I would be happy to answer any questions you have.
Prepared Statement of Sheldon Ohren
INTRODUCTION
Chairman Sanders, Chairman Miller, and Members of the Senate and
House Committees on Veterans' Affairs, my fellow veterans and friends,
I am Sheldon Ohren, the National Commander of the Jewish War Veterans
of the U.S.A. (JWV). JWV is Congressionally Chartered and also provides
counseling and assistance to members encountering problems dealing with
the Department of Defense (DoD), the Department of Veterans Affairs
(VA), and other government agencies. JWV is an active participant in
The Military Coalition, a select group of over 30 military associations
and veterans' organizations representing over five million active duty,
reserve and retired uniformed service personnel, veterans, families,
and survivors on Capitol Hill. In fact, I am very proud that our
National Executive Director, Colonel Herb Rosenbleeth, who is here with
me today, is the President of the Military Coalition.
On February 12, 13 and 14, our National Executive Committee members
were here in Washington to meet with their Senators and Representatives
as part of JWV's Capitol Hill Action Day(s). Our members prepared
diligently for these important meetings and successfully presented many
of JWV's legislative priorities to your colleagues, their members of
Congress and congressional staff.
Chairman Sanders, it was a singular honor for JWV to present our
prestigious JWV Medal of Merit to you at our Congressional Reception
during our days on Capitol Hill. It was equally rewarding to JWV to
have so many distinguished guests participate with us!
Mr. Chairman, on Friday, March 15th, we at JWV will celebrate our
117th birthday. For all of these 117 years, JWV has advocated a strong
national defense, and just and fair recognition and compensation for
veterans. The Jewish War Veterans of the USA prides itself in being in
the forefront among our nation's civic and veterans groups in
supporting the well-earned rights of veterans, in promoting American
democratic principles, in defending universal Jewish causes and in
vigorously opposing bigotry, anti-Semitism and terrorism both here and
abroad. Today, even more than ever before, we stand for these
principles. The Jewish War Veterans of the U.S.A. represents a proud
tradition of patriotism and service to the United States of America.
As the National Commander of the Jewish War Veterans of the USA
(JWV), I thank you for the opportunity to present the views of our
100,000 members and supporters on issues under the jurisdiction of your
committees. At the conclusion of JWV's 117th National Convention in
Norfolk, Virginia, our convention delegates adopted our resolutions for
the 113th Congress. These mandates establish the legislative agenda for
JWV during my year as National Commander.
JWV believes Congress has a unique obligation and compelling
opportunity to ensure that veterans' benefits are regularly reviewed
and improved to keep pace with the needs of all veterans in a changing
social and economic environment. JWV salutes the Chairs and Members of
both the House and Senate Veterans' Affairs Committees for the landmark
veterans' legislation enacted over the past several years. Eligibility
improvement, patient enrollment, long-term care, access to emergency
care, presumptive Agent Orange disability, enhanced VA/DoD sharing,
improved preference rights of veterans in the federal government and
other records recognize the debt this great country owes to those who
have so faithfully served.
We must improve access to veterans' health care, increase
timeliness in the benefit claims process, and enhance access to
national cemeteries and to state cemeteries for all veterans.
NO GOVERNMENT FUNDING
For the record, the Jewish War Veterans of the USA, Inc. does not
receive any grants or contracts from the federal government. This is as
it should be.
THE MILITARY COALITION
JWV continues to be a proud member and active participant of the
Military Coalition (TMC). PNC Robert M. Zweiman, JWV's National
Chairman, serves on the Board of Directors of the Military Coalition
and, again, our National Executive Director, Colonel Herb Rosenbleeth,
USA (Ret), continues to serve as the President of the Military
Coalition and as Co-Chair of the Coalition's Membership and Nominations
Committee.
JWV requests that the Senate and House Committees on Veterans'
Affairs do everything possible to fulfill the legislative priorities of
the Military Coalition which are applicable to your committees. These
positions are well thought out and are clearly in the best interests of
our military personnel, our veterans and our great nation.
THE THROWAWAYS
Throwaways are sometimes called disposables or expendables. They
include razors, toothbrushes, underwear, clothing, and other products;
and now, we can add military personnel, their family, and their
dependents.
If you follow political campaigns, advertisements, and TV, you will
understand and determine that the most important thing in American life
is the balanced budget and then possibly the family, but what the
family politicians talk about is solely their own family - forget about
yours.
The budget cutters have specifically programmed your (not their)
obligation which demands from you the right for you to sacrifice
yourself for the well being of military personnel. The obligation for
budgetary cash savings has been imposed on you - the usual political
``not me'' syndrome.
The budget cutters have created and imposed on you a fear of
national financial failure by which they have been able to control your
way of life. Thus, they have forced you to accept the responsibility
for the nation's financial failures rather than to place the
responsibility where it belongs, on the creators of the continuing
national financial failure.
The pettiness of the methodology is demonstrated when the proposed
pay increase of 1.8 percent for military personnel is reduced to 1
percent while the politicians, at the same time, push for the purchase
of more tanks while thousands of tanks already exist and lay fallow in
fields available for use. Does paying off political donors or self
gratification constitute a moral basis for denying a modest pay
increase for the personnel we rely on to protect our nation?
For many years, we have raised questions as to the inadequacy (read
miserable) of housing for the military and their families. There has
always been a national responsibility for creating the atmosphere for a
healthy and normal lifestyle.
This budgetary failure has existed for many years without a
national leadership (read both Executive and Congressional) acceptance
of their moral obligation. The quality of life for military families
has become budget-wise, a meaningless quality, essential for a loving
and happy home.
Now here comes the new budgetary cost reduction approaches to
further disrespect the military and their dependents. Just imagine that
for your family breakfast you need to buy some juice, cereal, and milk.
First you must get onto a bus, taxi, or your car to go to a nearby town
to buy the food. Then you would pay more for the food than you might
have to pay on the base plus add the transportation costs and the
inconvenience of lost time and waste of effort.
Well, that is the budgetary red tape being forced upon us by the
removal and the elimination of PX's, commissaries, and exchanges from
our bases. You must recognize that not only do these units provide
food, but they also provide clothing, medications, and all the needs
and requirements of the shopper to be able to make purchases at
reasonable prices. This applies not only to the military and their
families but also to retired veterans.
Many of the families also depend on the discounted product coupons
found in newspapers which people like my wife, Jeri, send overseas to
various APOs where the coupon expiration dates are then extended for
six months while those coupons are not time extended at the local
stores.
Irrationality is the best indication of the proposal to eliminate
and close base schools and require military children to be transported
to local town schools. We constantly talk about the need for
educational advancement and the requirement for global leadership based
on educational skills. Here, we intentionally devalue that goal.
So now we will have to bus the children to local schools where the
local students will consider the military students to be ``outsiders''
and where our children may be unable to participate in after-school
activities, sports, and school clubs. They will probably not expect to
graduate with their class unless their parent remains on that base. The
psychological affect on these children cannot be quantified. The effect
on their future lives cannot be projected or protected. And, don't
expect the locals to do this out of the goodness of their heart by
raising their own local property taxes to pay for it.
The budget cutters are morally indefensible and corrupt. Their
actions can result in some of the families returning home, financially
unable to live together on base. The budget cutters, by their actions
and without respecting human decency, have taken a path intended to
disrupt and disable the family unit and weaken our military personnel.
The budget cutters are responsible for the current and the future
of those of our military personnel (and don't forget the family
members) who may end up with PTSD, homeless, family dysfunction, and
other ailments. It would have a clear impact on our society as we have
learned from today's life.
You may consider that I am being overly frustrated and overly
downcast, but I do realize that common sense tells me that to nickel
and dime those who sacrifice themselves on the front lines and define
our national security is a national disgrace. To treat our troops as
though they are robots entitled only to a little oiling is not merely a
dishonor but a serious disease in the soul of America and its citizens.
We all deserve better than having our military personnel and their
families being considered a throwaway - especially in one of the
wealthiest countries in the world.
MANDATORY FUNDING
JWV continues to maintain that the Congress has an unbreakable
obligation to its veterans. Adequate VA funding must be guaranteed by
the Congress.
This country has a sacred obligation to those who have served and
defended our nation to fully provide for their needs when they return
from battle. Mandatory funding is necessary so that all category eights
receive the care they need, so that veterans receive long term care,
and so that VA medical research will be second to none! This is
especially important now that we know more about the real challenges
and expenses resulting from injuries to the brain, eyes, amputations,
and other catastrophic injuries.
Only when the VA not only knows in advance the level of its funding
but also knows with certainty that its funding levels will be adequate
for all of its requirements can our veterans be assured that all of
their health care needs can and will be met.
SEQUESTRATION
Last year's failure of the Joint Select Committee on Deficit
Reduction means that automatic spending cuts, known as sequestration,
are scheduled to take effect in early 2013 unless Congress finds other
options to reverse the deficit. Cuts in military spending are projected
not only to compromise our national security but also increase
unemployment by as much as an entire percentage point nationwide. The
JWV is deeply concerned about military spending reductions during a
time of war. JWV is equally wary about the budget and its potential
effect on the Department of Veterans Affairs.
Hundreds of thousands of men and women who served in Iraq and
Afghanistan now rely on VA for health care. They enter our nation's VA
medical centers, clinics and nursing homes at a time when veterans of
previous wars are reaching advanced ages and in need of VA's services.
These are services they earned, deserve and were promised. No veteran
should have to wait weeks for appointments nor travel hundreds of miles
to see providers. Female veterans should have health-care services that
meet their needs. Cities such as Orlando, Denver and New Orleans should
not have to wait years for the construction of long-overdue hospitals.
The pressure on VA will only mount as defense budget cuts drive
down force sizes and more of our military personnel re-enter civilian
life. DoD and VA must work in harmony to ease the transition and help
the influx of new veterans get the help they need, including timely
benefits, access to high-quality health care and careers that match
their skills.
Many key veterans programs require coordination with government
departments such as Labor, and Housing and Urban Development, which
enjoy no protection of any kind from sequestration. Veterans programs
within those departments must be protected if they are to succeed.
JWV wants Congress to ensure that national security and veterans
programs in VA and other departments are not sacrificed in the budget
battle. Previous legislation, such as the Balanced Budget and Emergency
Deficit Control Act of 1985 and the Statutory Pay as you Go Act of
2010, included language specifically protecting VA programs from cuts.
As the budget deficit widens, similar and specific protections are
necessary today.
VETERANS AND BRAIN DISEASE
There are over 220,000 service members diagnosed with mild and
severe brain injuries since 2001. Traumatic Brain Injury (TBI) is often
called the signature wound of the Iraq and Afghanistan wars. Common
causes of TBI include damage caused by explosive devices, falls, and
vehicle or motorcycle accidents. Most reported TBI among Operation
Enduring Freedom and Operation Iraqi Freedom service members and
veterans has been traced back to Improvised Explosive Devices, or IEDs,
used extensively against Coalition Forces.
Severe TBI usually results from a significant closed head injury,
as in an automobile accident or most open or penetrating injuries,
where there may be considerable residual deficits of brain function.
Depending on the injury, a severe TBI could impact speech, sensory,
vision and cause cognitive deficits including difficulties with
attention, memory, concentration, and impulsiveness. There is an
aggressive initial treatment program in the theater with neurosurgical
expertise.
Rehabilitation services are needed by individuals with TBI who
continue to have medical and functional problems following injury and
initial treatment. Rehabilitation is begun as soon as individuals with
TBI are medically stable. The degree and rate of recovery are difficult
to accurately predict because TBI is experienced differently by each
person depending upon several unique characteristics, such as the type
of injury and an individual's personal health and resilience. Where
rehabilitation takes place depends on the person's needs. Individuals
with severe TBI's may need inpatient care at a Military Treatment
Facility (MTF), a VA Polytrauma hospital, or a civilian rehabilitation
center. Individuals with a mild TBI (mTBI)/concussion may be treated at
outpatient facilities.
A report released by an Institute of Medicine Committee concluded
there is ``limited evidence'' that some types of cognitive therapy -
exercises and strategies taught to patients to recover brain function -
work in the long term, especially therapies addressing deficits in
memory, attention and communications.
JWV strongly urges the Congress to provide the VA with sufficient
resources to properly care for, and rehabilitate veterans with TBI
wounds or injuries.
SUICIDES
The Jewish War Veterans of the USA has long advocated the embedding
of mental health professionals in all active military units, including
the Reserve and National Guard components. The media is reporting an
average of one suicide victim per day among the men and women on active
duty. The presence of such mental health professionals may prevent some
of the suicides and homicides we are now witnessing among those now
serving in the military.
The ``military culture'' demands service members to maintain an
aura of toughness and stoic acceptance of the horrors of war. The
``code of silence'' either encourages or requires members of the
military not to report comrades-in-arms to ``higher authorities'' even
when that comrade exhibits characteristics of one who might become a
victim of suicide or might strike out angrily and harm those closest to
the service member.
The Jewish War Veterans of the USA repeats its enunciated position,
that there needs to be a truly innovative approach to anger management
within the military and a recognition that there is a problem that
absolutely must be approached creatively and that there need to be
fewer studies and more action.
Therefore, the Jewish War Veterans of the USA demands the
Department of Defense immediately retain the services of as many mental
health professionals as required to embed one in each and every
military unit, including the active component, Reserve and National
Guard.
Furthermore, the Jewish War Veterans of the USA demands funding be
provided for the Department of Defense to immediately seek to train the
Non-Commissioned Officer Corps and the Company Commanders on how to
recognize depression, anger, and the other signs of possible violence
either directed inward (suicide) or outward (spousal abuse, etc.)
VA CLAIMS BACKLOG
The Veterans Affairs Department's disability claims backlog
recently edged above the 900,000 mark with 608,365 - 67.6 percent -
stuck in the system more than 125 days.
VA reported that total disability claims hit 900,121 as of December
24, 2012, up 24,725 - 2.7 percent -from the backlog that existed at the
start of the calendar year on January 3, 2012.
Over the past two years, VA has gone backward. According to VA's
own figures, over 65 percent of veterans with disability benefits
claims have been waiting longer than 125 days for them to be processed.
While some regional offices may have an average rate of 76 days per
claim, others take 336 days--a troubling inconsistency. Although the VA
has a shortage of trained claims personnel, and there is a long lead
time to train claims personnel, this average rate of processing must be
reduced. Unfortunately, accuracy is also a problem.
VA has been reluctant to publicly post accuracy figures in its
Monday Morning Workload reports, but VA's own STAR reports for accuracy
place the rate in the mid 80's.
VA is hopeful that the Veterans Benefits Management System (VBMS)
will eliminate many of the woes that have led to the backlog, but
electronic solutions are not a magic bullet. Without real reform for a
culture of work that places higher priority on raw speed than accuracy,
VA will continue to struggle, no matter the tools used to process
claims.
While VA's stated goals of ``no claim pending longer than 125
days'' and 98-percent accuracy are admirable, many veterans would
settle for their claims being initially processed correctly in a timely
manner veterans with multiple conditions need to be seen by a primary
care physician and should not be handled separately with each condition
reviewed one at a time. One veteran-one visit.
If VA employees receive the same credit for work, whether it is
done properly or improperly, there is little incentive to take the time
to process a claim correctly. When a claim is processed in error, a
veteran must appeal the decision to receive benefits, and then wait for
an appeals process that may take months to resolve and possibly years
for delivery of the benefit.
JWV believes VA must develop a processing model that puts as much
emphasis on accuracy as it does on the raw number of claims completed.
Nowhere does VA publicly post its accuracy figures. America's veterans
need to have more confidence in the work done by VA.
BLINDED VETERANS
Blinded veterans are of extra special concern to JWV. The large
number of IED explosions in Iraq and Afghanistan have led to a huge
number of eye injuries and blinded veterans. In fact, orbital blast
globe injuries, optic nerve injuries, and retinal injuries have been
all too common. JWV strongly urges the congress to insure adequate
funding to care for our thousands of veterans with eye injuries.
HAZARDOUS CHEMICALS
JWV applauds VA for processing nearly 230,000 claims through June
2012 that involved the three newest Agent Orange-related conditions.
The recent expansion of conditions presumed to be linked to Agent
Orange exposure certainly created additional work for VA, which already
faces a heavy claims backlog, but VA Secretary Eric Shinseki argued
correctly that it was the right thing to do. Decisions about treating
and compensating veterans exposed to deadly toxins must never be
motivated by whether or not the road will be challenging or costly, but
whether or not the veteran has suffered and requires treatment because
of the exposure.
JWV strongly supports the establishment of a unified policy to deal
with the consequences of exposure to hazardous materials in the
military.
JWV urges continued study of all environmental hazards and their
effects on servicemembers and veterans. New challenges, such as burn
pits, must be addressed. Evidence suggests more than 227 metric tons of
waste have been burned in conjunction with JP-8 jet fuel, releasing
countless carcinogens into the air that servicemembers have breathed.
At the very least, a full accounting of exposed veterans through a
burn-pit registry or similar means would be an important step forward.
Agent Orange remains a concern, as thousands of veterans exposed to
the toxin are left behind when it comes to vital treatment and
benefits. JWV remains committed to ensuring all veterans who served in
areas of exposure receive recognition and treatment for conditions
linked to Agent Orange. Time is running out for those veterans not
designated as having ``boots on the ground'' during the Vietnam War.
Studies indicate ``Blue Water Navy'' veterans may have experienced
higher exposure rates to Agent Orange than those who were on the
ground, due to water desalination systems on the ships; this never has
been satisfactorily addressed by VA. The time is now to recognize all
Vietnam veterans for their exposure to Agent Orange, not just those who
had boots on the ground.
JWV urges VA to work with DoD to finally complete the list of
exposure locations outside Vietnam, including the C-123 K transport
aircraft, Thailand and other supporting areas of the Vietnam theater,
as well as Korea.
JWV urges continued close scrutiny by the Institute of Medicine
into Agent Orange, Gulf War illness and other concerns. When problems
are identified, VA must act swiftly to ensure current compensation and
treatment is based on the most recent scientific findings.
VETERAN HOMELESSNESS
VA has promised to devote resources necessary to end veteran
homelessness by 2015. To fully implement that pledge, VA is going to
have to work closely with Congress to continue making responsible
investments in affordable housing and supportive service programs to
help more veterans and their families. Current estimates put the number
of homeless veterans at approximately 76,000 on any given night, down
from 2010 numbers of 131,000 or more.
JWV recommends providing funding for a broad range of appropriate
and effective interventions, including:
Appropriation of funds for the Supportive Services for
Veteran Families program. SSVF funds have been used effectively by
community organizations to prevent many veterans from becoming homeless
and to quickly assist veterans who need nothing more than short-term
rental assistance and limited case management to get back on their
feet. SSVF funds also can be used to pay for employment services,
utility assistance, child care costs and other housing-related
expenses.
Congressional support for the homeless veterans Grant and
Per Diem transitional housing program. This program provides short-term
housing help to homeless veterans, allowing them to get connected with
jobs, supportive services and more permanent housing, ultimately
allowing them to become self-sufficient. Promising new models for using
Grant and Per Diem funds - including allowing veterans to remain in
their GPD housing units once support from the program ends - and new
programs focused on women veterans are helping to ensure that GPD
continues to meet the ever-changing needs of returning veterans and
their families.
Congress should provide 10,000 new HUD-VASH vouchers
designed to serve homeless veterans (and in many cases their families)
who need long-term housing, intensive case management and supportive
services. Since 2008, 37,975 vouchers have been awarded, contributing
substantially to major reductions in veteran homelessness.
CORRECT THE SURVIVOR BENEFIT PROGRAM (SBP)
Survivors of military retirees who die of service-connected causes
and who paid into SBP, and survivors killed in active-duty, should
receive both SBP and DIC (Dependency and Indemnity Compensation)
benefits without the current dollar for dollar offset. JWV strongly
supports legislation to end this offset.
JWV strongly supports HR 178, The Military Surviving Spouses Equity
Act, which would correct this inequity.
MIA/POW
JWV has always been an ardent, active supporter of the National
League of Families of American Prisoners and Missing in Southeast Asia.
JWV will always remember those who are still unaccounted for and their
families. We fly the MIA-POW flag in the lobby of our headquarters and
place that flag in front of our meeting rooms.
There are still 1,655 personnel listed by the Defense POW/Missing
Personnel Office (DPMO) as missing and unaccounted-for from the Vietnam
War. The number of Americans announced by DPMO as returned and
identified since the end of the Vietnam War in 1975 is 928. Another 63
US personnel, recovered by the US and ID'd before the end of the war,
bring the official total of remains repatriated from the Vietnam War is
991. Of the 1,655 missing and unaccounted-for personnel, 90% were lost
in Vietnam or areas of Laos and Cambodia under Vietnam's wartime
control: Vietman-1,280 (VN-470); Laos-314; Cambodia-54; PRC territorial
waters-7. More than 450 over-water losses are among the 630 DPMO lists
as No Further Pursuit (NFP) cases.
RESTORING THE US-RUSSIAN JOINT COMMISSION ON POW/MIA AFFAIRS
In 1992, the US-Russia Joint Commission on POW/MIA Affairs (USRJC)
was established by Presidents George H.W. Bush and Boris Yeltsin to
determine the fate of personnel of the United States and the former
Soviet Union still missing and unaccounted for from the Vietnam War,
the Cold War, Korean War and World War II, as well as the former USSR's
war in Afghanistan.
The USRJC and its mission have been supported by every President of
the United States since its formation. In 2006, President George W.
Bush appointed General Robert ``Doc'' Foglesong, USAF Retired, as the
American Co-chair and, in June, 2011, Russian President Dmitry Medvedev
appointed Ms. Yekaterina Priyezzheva as the Russian Co-chair and more
than 30 Commissioners to the Russian delegation of the Commission.
Over the past several years the Department of Defense has broken
promises of support for the USRJC, redirecting funding and personnel to
other tasks causing irreparable damage to the USRJC and its ability to
accomplish its mission. The Jewish War Veterans of the USA and other
veteran's organizations and POW/MIA family member organizations
repeatedly have asked the President and the Congress to reinforce their
support for the Commission and have received little response.
Therefore, be it resolved that the Jewish War Veterans of the USA
calls upon the President to reaffirm his commitment to the USRJC as a
Presidential Commission, to General Robert ``Doc'' Foglesong as the
American Co-chair, and their mission through publicly citing his policy
priority and backing.
It is further resolved that the Congress provide and direct the
Secretary of Defense to restore to the USRJC the funding and personnel
diverted to other POW/MIA related tasks, thus ensuring the USRJC and
its mission can be restored to its full potential. It is further
resolved that the USRJC remain an independent Presidential Commission,
with the Department of Defense providing the funding and personnel
determined necessary by the Commission.
ANNUAL PTSD SCREENING FOR TROOPS
The National Institute of Medicine has recommended that all members
of the military returning from a tour of duty in Iraq and Afghanistan;
and should be screened for Post Traumatic Stress Disorder.
Of the 2.6 million service members deployed to Iraq and
Afghanistan, some 13 to 20 percent exhibit symptoms of Post Traumatic
Stress Disorder. Per the National Institute of Medicine, barely one-
half of those diagnosed with PTSD actually received treatment.
Many members of the military do not seek treatment for fear it
would injure their career within the military were they to seek
treatment. By placing any results of interviews and screening in the
member's health file but without any reference to the screening in
their personnel file more members would be willing to speak frankly
during the interviews and screening.
To be truly effective any interviews and screening process needs to
be performed on an annual basis. Frequently, those who do seek
treatment are not tracked to determine the success or failure to the
treatment provided. There are alternative methods of treatment which
have proven successful in non-DoD/DVA settings.
Therefore, the Jewish War Veterans of the USA calls upon the
Departments of Defense and Veterans Affairs to immediately implement
programs which permit alternative medical therapies such as yoga, bio-
feedback, acupuncture and animal-assisted treatment plans as well as
the more traditional modalities in order to address the needs of the
men and women suffering from post traumatic stress disorder.
Therefore, the Jewish War Veterans of the USA calls upon the
Departments of Defense and Veterans Affairs to research the rates of
success and failure of the various modalities so that a full and
complete conclusion can be made as to the viability of the individual
modality.
BENEFITS FOR GLOBAL WAR AGAINST TERRORISM VETERANS
It appears that the men and women who have served during the Global
War Against Terrorism may have been exposed to a variety of toxic
substances. A considerable percent of men and women serving in the
Global War Against Terrorism are victims of military sexual trauma.
Military Sexual Trauma is defined by the Department of Veterans
Affairs as, ``Sexual harassment that is threatening in character or
physical assault of a sexual nature that occurred while the victim was
in the military, regardless of geographical location of the trauma,
gender of the victim, or the relationship to the perpetrator.''
The Department of Veterans Affairs has developed certain procedures
to treat these illnesses and injuries, nevertheless, there needs to be
more done immediately to address the growing requests for these
services. The only Federal beneficiaries not covered under the Hyde
Amendment are women in the Armed Forces. There is greater awareness
among the men and women currently serving and recently separated that
there is a nexus between their current mental health and physical
complaints and the service to their country.
The Department of Veterans Affairs has let it be known that it is
seeking to hire 2,500 mental health professional of differing academic
credentialing to confront this epidemic. The Department of Veterans
Affairs must aggressively recruit and train counselors and evaluators
to meet the physical and psychological needs of this new class of
veterans.
Therefore, the Jewish War Veterans of the USA calls upon the
Department of Veterans Affairs to immediately take any and all steps
necessary to handle the needs of the veterans of the Global War Against
Terrorism, regardless of the nature of the illness or injury and
regardless of the costs to do so; and calls on Congress to pass
necessary legislation to have the Hyde Amendment include our
servicewomen victims of rape or incest.
Furthermore, the Jewish War Veterans of the USA calls upon the
Congress to make immediately available to the Department of Veterans
Affairs such funding as may be required by the Department to meet the
needs of these veterans.
BUDGET CONTROL ACT
The Budget Control Act takes effect on January 2, 2013. The Budget
Control Act mandates a decrease of some $600 billion over ten years in
the country's funding for national security. It appears quite likely
that this sequestration of funds will result in an active Army of less
than 400,000 personnel.
The downsizing of the active component would have a devastating
result in the ability to meet the needs of the United States' foreign
policies and would place an abhorrent burden on the Reserve and
National Guard components of the Army thereby causing many members of
the Guard and Reserve to leave those components.
This entire scenario can be avoided by an immediate action of the
Congress to come to the realization that the Budget Reduction Act must
be amended to face the dangerous direction it is leading the Nation.
The totality of the proposed reduction in the strength of the armed
forces most likely will be: Army-30%, Navy-331/3%, Air Force-30%,
Marines-20%, Coast Guard-5%.
Therefore, the Congress must act responsively and step beyond
partisan politics to prevent the demise of the active Army which would
become an Army designed solely to prevent a foreign power from actually
invading American soil but which would not be of sufficient strength to
be deployed overseas.
Furthermore, the Congress must act so that the research and
development of new technologies would continue and new projects and
programs could be developed.
CAPITAL ONE'S VIOLATION OF SCRA
Capital One Bank violated the Servicemembers Civil Relief Act by
wrongfully foreclosing servicemembers' homes and repossessing their
cars. These actions by Capital One were clear violations of the special
Protections afforded servicemembers by the Servicemembers Civil Relief
Act.
In addition to the violations mentioned above, Capital One, also,
improperly denied some servicemembers interest rate relief on some
credit cards and car loans. Capital One has agreed to pay at least
$125,000 to each servicemember whose home was illegally foreclosed upon
and at least $10,000 to each servicemember whose motor vehicle was
illegally repossessed. Capital One will provide $5 million to
servicemembers denied appropriate benefits on credit card accounts,
automobile, consumer loans. The total value of the settlement reached
between the Department of Justice and Capital One is approximately $12
million.
Therefore, the Jewish War Veterans of the USA congratulates the
Department of Justice for pursuing the claims of the men and women in
the military who were wronged by Capital One and by recovering some of
the money due them from Capital One.
Furthermore, the Jewish War Veterans of the USA requests of the
Justice Department that the next institution that can be proven to have
violated the servicemembers Civil Relief Act not only be required to
repay the injured servicemembers but, also, be required to pay punitive
damages, as well.
Furthermore, any such offending institution shall be required such
reasonable steps as available to repair the credit rating of their
wrongful actions.
EXPANDING VETERANS' COURTS
Several jurisdictions have created ``veterans' courts'' wherein
veterans accused of non-violent crimes are either diverted into
alternative programs or are tried. The veterans selected to participate
in these programs must meet several strict criteria in order to qualify
for the ``veterans' court''. Those veterans who meet the criteria for
eligibility are placed in an alternative program wherein they are
required to be drug-free with random drug testing and undergo intense
psychological counseling including but not limited to anger management.
If they successfully complete the program their record is either
sealed, expunged, or both.
The recidivism rate among veterans who successfully complete the
``veterans' court'' program is particularly encouraging in the areas of
drug abuse and anger management thereby allowing the veteran to have a
better chance of finding and holding a job as well as establishing and
maintaining a family life.
Therefore, the Jewish War Veterans of the USA encourages additional
jurisdictions to establish ``veterans' courts'' and to closely monitor
these programs and to publish the results of the programs for other
jurisdictions to study and emulate.
EXPEDITING DISABILITY EVALUATIONS
The Departments of Defense and Veterans Affairs announced that they
had formed a partnership to create and integrate their evaluation of
service members into a single system.
This Integrated Disability Evaluation System (IDES) was designed to
expedite the evaluation of sick and injured members so that the active
component could concentrate and focus on the condition that made the
individual unfit for active duty and prepare the service member for
follow-up with the Department of Veterans Affairs with a single
evaluation occurring rather than two separate and distinct evaluations.
The goal of the IDES was to shorten the average time from the time an
active duty member first sought an evaluation to the date the member
received a VA check from 540 days to 295 days ( with Reservists and
Guard members taking an additional ten days).
The new program has woefully missed its' goal with only 19%
achieving the goal in 2011.
This is a worthy goal, it but requires a greater dedication of
people, funding and technology to fulfill this goal.
Therefore, the Jewish War Veterans of the USA calls upon the
Congress and the Departments of Defense and Veterans Affairs to commit
to achieving this goal by investing all the requisite resources without
reservation and without delay.
REWRITING THE STOLEN VALOR ACT
Our Supreme Court has stricken the Stolen Valor Act as an
unconstitutional violation of the First Amendment's right of free
speech. This decision by our Supreme Court allows liars, con artists
and impersonators to gain prestige, financial rewards, and other
benefits from their lies.
Those men and women who earned these Medals through their bravery,
often paid for with their blood and lives.
There must be developed a law that can meet the Constitutional
mandate while penalizing these liars, con artists and impersonators as
frauds and which subjects them to penalties for perpetrating their
frauds upon others. The Department of Defense could and must prepare a
roster of the men and women who are the recipients of these Medals
demonstrating valor and courage.
The Jewish War Veterans of the USA calls upon the Congress to
immediately enact a law that does not impinge upon a citizen's freedom
of speech but does impose sanctions upon anyone who employs such
prevarications for any form of gain be it pecuniary, political, etc.
The Jewish War Veterans of the USA calls upon the Department of
Defense to immediately assemble a list of the men and women who are the
recipients of the various Medals which denote valor and bravery and a
list of those who have committed valor fraud and thievery.
SUSTAINING PRIORITY AND FUNDING FOR ACCOUNTING OPERATIONS
Congress mandated, within the 2010 National Defense Authorization
Act, that the POW/MIA accounting community develop the capacity to
identify 200 remains per year by 2015.
Accounting for personnel listed as POW, MIA, KIA/BNA from the
Vietnam War, Cold War, Korean War and World War II, as well as two
listed as KIA/BNR from Desert Storm/ the Gulf War, and Afghanistan is
of the utmost importance.
The accounting community has made it clear that it would be
impossible to meet the stated identification goal without increased
funding and personnel, unless the available resources were redirected
to the exhumation of gravesites in national cemeteries or selected
sites of multiple casualties, thus diminishing ongoing efforts.
Recent United States policy indicates interest in renewing
accounting efforts in North Korea has added additional requirements
and, despite assurances from the White House, Department of Defense and
U.S. Pacific Command that adequate funds will be available, there is a
continuing concern that the current budgetary constraints will impact
negatively on the accounting mission.
Political circumstances, environmental conditions and policy
interests pertaining to each of the countries in which United States
personnel were lost during the Vietnam War, Korean War, Cold War and
World War II differ greatly, some posing significant challenges in
obtaining agreements for access and cooperation.
Be it resolved that the Jewish War Veterans of the USA calls upon
the Congress to appropriate fund and provide personnel for the fiscal
years 2013-2018 necessary to expand the pace and scope of American
field investigations and remains-recovery operations to ensure that
answers for the families of American men and women still missing and
unaccounted for from all our Nation's past wars are pursued
simultaneously as a matter of the highest national priority of the
United States Government and the American people.
DOD MISSION IN DANGEROUS TIMES
The Department of Defense is facing large cuts in the near future.
JWV believes this nation must maintain adequate force levels and
adequate equipment levels. Military readiness does not come cheaply.
Our military personnel should all have a reliable benefits package that
will never be reduced.
Today's active-duty service members and those who serve in the
National Guard and Reserve components have volunteered to stand watch
in this nation's defense. Yet few stand watch for them. Basic benefits
of their service, from retirement to TRICARE, are under assault. The
defenders of the country need to be able to focus on defending this
country. They must not worry their benefits will be pulled out from
beneath them while they are focused on more pressing concerns such as
terror plots, IEDs, and insurgents seeking to undermine hard-fought
gains.
The Congress must insure that DoD is funded to meet all its
missions including possible overseas threats from Iran, North Korea,
and even China.
BACK-UP TO DOD
VA Hospitals must be adequately funded, staffed and equipped to
perform their vital role as this nation's only back-up for DoD medical
facilities. U.S. military personnel could possibly suffer casualties
exceeding the capacity of the combined military medical treatment
facilities. In such a case, the VA would be vital to the nation. JWV
again strongly urges the Congress to fund the VA to fully handle this
potential workload.
CONCLUSION
Chairman Sanders and Chairman Miller, our great nation must care
for its veterans. Our country must, therefore, pay for the costs
involved.
At our annual national conventions our members work diligently to
develop our legislative priorities. Our dedicated resolutions chairman,
PNC Michael Berman, works very diligently to develop our resolutions
and to bring them before our convention delegates. Following further
fine-tuning by our convention delegates, our resolutions are finalized,
and become our legislative priorities for the coming year. We thank you
for the opportunity to present them to you today.
Prepared Statement of Vivianne Cisneros Wersel
Distinguished Chairmen and Members of the Senate and House
Committees on Veterans Affairs, Gold Star Wives of America, Inc. is
grateful for the privilege of testifying on issues pertaining to widows
and widowers of our Nation's veterans.
My name is Vivianne Wersel and I am a member of the Government
Relations Committee of Gold Star Wives of America, Inc.
Gold Star Wives of America, Incorporated (GSW) was founded in 1945
and is a Congressionally Chartered organization of widows and widowers
of veterans who died while serving on active duty or died of a service-
connected cause.
GSW's current members are widows and widowers of military members
who served during World War II, the Korean War, the Vietnam War, the
Gulf War, the conflicts in both Iraq and Afghanistan, and every period
in between. GSW is an all-volunteer organization encompassing
approximately 8,500 members.
Our primary mission is to support widows and widowers after the
death of their spouse and provide a place for widows and widowers to
connect with each other. GSW also provides information about survivor
benefits and assists widows and widowers in obtaining these benefits.
We strive to raise the awareness of Congress, the public, the veterans'
community and the military community to the many inequities existing in
our survivor benefit programs.
Dependency and Indemnity Compensation (DIC)
In 1956, DIC was established by the Servicemen's and Veterans'
Survivor Benefit Act. DIC is an indemnity payable to survivors of
military service members and veterans who die on active duty or die
from a service connected cause.
According to the fiscal year 2012 VA Office of Survivors Annual
Report1 , 338,595 surviving spouses receive DIC.
There are two types of DIC for surviving spouses2 - rank-based DIC
which is being phased out and flat rate DIC which is $1215 per month
for calendar year 2013. To date the surviving spouses of veterans who
served in military pay grades E1 through E6 have been phased into flat
rate DIC.
The base dollar value of flat rate DIC was set in 1993 when flat
rate DIC was initiated and has been increased only by cost of living
allowances (COLA) since that time.
Flat rate DIC is currently 43 percent of the VA Disability
Compensation received by veterans rated with a 100% disability. The
Civil Service Retirement System and the military retirement system
survivor programs provide 55 percent of the retirement pay of a CSRS
employee or deceased military service member to the surviving spouse.
The current VA compensation rate for a VA rated 100% disabled
veteran is $2816. If flat rate DIC were calculated at 55% of $2816,
flat rate DIC would be $1548 which would be an increase of $333 per
month.
The lowest rank-based DIC rate is $1215 (E1-E6) and the highest
basic DIC rate is $2594 (O10). If you add the current amount of rank-
based DIC of all 23 basic ranks (E1-E9, W1-W4, O1-O10) and divide by 23
the result averages $1534. This small difference between the requested
increase ($1548) and the average rank-based DIC ($1534) indicates that
the overall cost to the Government for DIC was originally calculated as
55% of the overall cost of to the Government of VA disability
compensation of a 100% disabled veteran. This ratio needs to be
restored.
Elimination of the Dependency and Indemnity Compensation (DIC) Offset
to the Survivor Benefit Plan (SBP)
If a surviving spouse is eligible to receive both SBP and DIC, SBP
is reduced dollar-for-dollar by the amount of DIC the surviving spouse
receives despite the fact that SBP and DIC are different benefit
programs for different purposes by different government departments.
DIC is indemnity compensation for the early death of a military or
veteran spouse due to a service connected cause. SBP is an earned and
purchased annuity based on a percentage of the military service
member's retirement pay intended to provide the surviving spouse with
income after the death of the service member. The DIC offset to SBP
needs to be repealed.
Only surviving spouses of active duty or retired military service
members suffer the DIC offset to SBP. Surviving children do not suffer
this offset. Surviving spouses of Federal employees do not suffer this
offset.
According to a report from the Department of Defense Office of the
Actuary as of September 30, 2012, there were 59,241 surviving spouses
subject to the DIC offset to SBP. Of those 59,241 surviving spouses
35,124 are fully offset and receive DIC and no SBP and 24,117 receive
some SBP and DIC.
SBP 3pays an annuity to surviving spouses of retired military
service members who purchased SBP at retirement, surviving spouses of
military service members who died on active duty and were retirement
eligible when they died, and surviving spouses of military service
members who died on active duty post 9-11. Unless the retired service
member chooses a lesser amount, surviving spouses receive 55% of the
service members retirement pay or 55% of what the service member's
retirement pay would have been had he lived long enough to retire.
Military retirement pay is deferred compensation,4 i.e., when the
service member was on active duty he or she accepted less pay in
exchange for retirement pay. If the service member chooses to purchase
the full amount of SBP, premiums for SBP are 6.5% of the retired
service member's retirement pay.
Surviving spouses of retired service members who purchased SBP and
who are also entitled to DIC receive an actuarially calculated partial
refund of the SBP premiums the military spouse paid; the Government
retains part of the premiums to pay for the reduced amount of SBP the
surviving spouse receives. This partial refund is made without interest
despite the fact that the Government had the use of the premiums for
many years. The partial refund is refunded as a lump sum and the
surviving spouse must pay income taxes on this lump sum in the year it
is received.
As you will see in the videos done by Jeanette Pavini for USA
Today, many service members and many surviving spouses are unaware that
their SBP will be offset by DIC.5
We are most grateful for the Special Survivor Indemnity Allowance
(SSIA) which Congress provided to those who suffer the DIC offset to
SBP. As it is now this SSIA simply goes away at the end of FY 2017. We
hope that the DIC offset to SBP can be repealed, but if it is not, we
would like to see SSIA stabilized and extended to the years beyond FY
2017.
The Veterans Disability Benefit Commission (VDBC) recommended in
2007 that surviving spouses of military service members be allowed
concurrent receipt of full SBP and full DIC.6
Surviving spouses who assigned SBP to the children need to be
allowed to reselect the SBP for themselves. Children receive the full
amount of SBP without offset. Recent surviving spouses of those who
died on active duty were allowed and encouraged to assign their SBP
benefit to the children. Many of these surviving spouses made the
decision to assign the SBP to the children without appropriate
explanation or counseling. These surviving spouses assigned the SBP to
the children without realizing that the children would only receive SBP
until they reached the age of majority and that the surviving spouse
would lose SBP for life.
Surviving spouses may remarry at or after age 57 and receive both
full SBP and full DIC. It is utterly ridiculous that surviving spouses
must find another mate and remarry to receive benefits that the
deceased military spouse earned and/or purchased. All surviving spouses
eligible for both benefits should receive full DIC and full SBP whether
or not they choose to remarry.
Surviving spouses of retired military service members who remarry
at or after the age of 57 must repay the partial refund of premiums
they received at the time of their spouse's death. If they cannot repay
the partial refund in one lump sum, the Government charges interest on
the unpaid balance. Since only the most recent 3 years of income tax
returns may be amended, most of those who repay the partial refund of
premiums cannot reclaim the income taxes they paid on the lump sum
refund of premiums.
CHAMPVA-26 and TRICARE Young Adult
Surviving families of military service members who died on active
duty and retired service members who died of a service connected cause
receive TRICARE. Surviving families of veterans who died of a service
connected cause and are not entitled to TRICARE receive CHAMPVA.
CHAMPVA-26 (H.R. 288) would provide health care coverage
for surviving young adult children up to age 26 with no premiums.
TRICARE offers health care coverage for young adults up
to age 26 7also, however TRICARE requires premiums of $176 per month
for Prime coverage, or $152 per month for Standard coverage per young
adult covered.
The Federal Employees Health Benefit Plan (FEHBP)
extended health insurance coverage of young adult children up to age 26
with no increase in premiums.
Surviving spouses of military service members covered by TRICARE
and surviving spouses of veterans covered by CHAMPVA receive the same
amount of DIC.
Due to the DIC offset to SBP, 60% of military surviving spouses
otherwise entitled to SBP are completely offset.
In essence DoD retains the SBP that the surviving spouse does not
receive in the Military Retirement Trust Fund and then demands that the
surviving spouse make additional contributions to DoD in the form of
TRICARE premiums.
It is grossly inequitable for surviving spouses who receive no SBP
to be expected to pay premiums of $152 per month for health care
coverage for young adult children when surviving spouses covered by
CHAMPVA and FEHBP receive this same benefit with no additional premium.
This is especially egregious if the surviving spouse must pay premiums
for two or more young adult children.
Payment of TRICARE premiums for young adults should be waived for
all surviving spouses who suffer the DIC offset to SBP.
TRICARE Fees
All surviving spouses and surviving children of military service
members who died on active duty or died of a service connected cause
should be exempt from any increases in TRICARE fees and any new TRICARE
fees which might be levied.
Currently surviving children of service members who died
on active duty receive TRICARE Prime without payment of fees until they
reach the age of majority.
Surviving spouses and children of veterans who served in
the military but did not retire, surviving spouses who have remarried
and whose second or subsequent marriage has terminated and surviving
spouses who remarry after the age of 57 receive CHAMPVA and most
medications without charge. Surviving spouses and children who are
entitled to TRICARE cannot use CHAMPVA and therefore lose part of the
indemnity compensation from the VA.
Surviving spouses of those who died on active duty post
9-11 receive TRICARE Prime for 3 years without payment of fees and are
exempt from fee increases.
Surviving spouses of those who died on active duty pre 9-
11 and those who died of a service connected cause pay TRICARE fees for
themselves and their children.
Despite all the different categories many of the surviving spouses
in each category receive flat-rate DIC of $1215 per month. All
surviving spouses and surviving children whose military sponsor died on
active duty or as the result of a service connected cause should be
exempt from TRICARE fee increases and any new TRICARE fees that are
levied.
Education Benefits
The cost of a college education has increased substantially in
recent years. The price of tuition, books, fees and living expenses is
significantly more than in past years.
The Chapter 35 education benefit of approximately $9878 per month
for a full-time college student does not come close to covering the
cost of tuition, books, fees and living expenses. Surviving children
using Chapter 35 benefits to attend college receive no living allowance
and no DIC. Chapter 35 education benefits need to be more closely
aligned with the benefits provided for in the New GI Bill and Fry
Scholarships.
Most Federal education programs have had recent increases and
changes, but Chapter 35 education benefits have been increased only by
COLAs.
Colleges often demand payment of tuition 2 or 3 months before
classes actually start and the student does not receive payment of
Chapter 35 benefits until 30 or 45 days after the classes start - a
period of 3 to 4 months. All tuition payments not paid directly to the
college by the VA should be deferred until the student receives payment
of the education benefit from the VA. For students using Chapter 35
benefits to attend college, payment of tuition should be deferred
nation-wide until benefits are received.
Recent proposed legislation (H.R. 357 and S.257) requires states to
provide in-state tuition rates for veterans using Federal education
benefits. To ensure that Federal education dollars are spent most
effectively and efficiently, surviving spouses and dependents using
Chapter 35 education benefits should be included in legislation to
require that states provide in-state tuition rates.
The additional costs involved in a college education must be paid
either by the remaining parent or through student loans. It is very
difficult for one parent of surviving children to provide the funds for
a college education that would have been provided by two parents.
Some states offer a tuition waiver to military and veterans'
survivors, but not all states do. Additionally, many of these tuition
waivers only apply to a specific group of survivors such as the
survivors of combat deaths and exclude the survivors of those who died
on active duty or died of a service-connected cause.
Social Security Consumer Price Index
There has been much in the news lately about changing the Consumer
Price Index (CPI) used to calculate inflation and the cost of living
increase (COLA) for Social Security payments from a CPI-W to Chained
CPI.
The CPI-U covers All Urban Consumers and covers 88
percent of the total population.
The CPI-W is currently used to calculate COLA for Social
Security payments. The CPI-W is an inflation calculation based on Urban
Wage Earners and Clerical Workers and covers 32 percent of the
population. The CPI-W is a subset of the CPI-U.
The Chained CPI (C-CPI-U) is based on the same population
as the CPI-U and on the idea that if the price of one item increases
the consumer will purchase a lower-priced alternate item, e.g., if the
price of oranges increases, the consumer will purchase apples instead
of oranges.
Changing from the CPI-W to Chained CPI would lower the rate of
COLAs. Over time the Chained CPI would lower the amount of COLA for
Social Security substantially.
A change from CPI-W to Chained CPI would adversely impact not only
Social Security benefits, but all benefits of veterans, disabled
veterans, surviving spouses and children. COLAs on all benefits
received by surviving spouses and children would also be calculated
using the lower Chained CPI and over time create a substantial
reduction in the benefits they receive.9
VA Office of Survivors
In 2009 Congress approved the VA Office of Survivor Assistance. GSW
is very grateful for this office and for the advocacy and the excellent
service Debra Walker and Scott Bell provide to survivors.
It is often difficult for new survivors to find grief counseling
and grief support groups. Grief counseling and grief support groups
could be offered at very low or no cost by VA medical centers and
clinics, by the VA Chaplains Service, or by VA Social Services. Contact
information about grief counseling and support groups could be posted
on the medical facility website so that survivors could easily find the
necessary information.
Training and appropriate reference material on survivor issues
needs to be provided to VA employees and the call center contractors
who answer phone calls. A number of our members have called for
information on survivor benefits and encountered someone who knew
nothing about survivor benefits and apparently had no reference
material to which to refer.
CHAMPVA Dental Insurance Program
CHAMPVA recipients need access to dental care to maintain their
overall health. Congress enacted legislation requiring the VA to
provide access to dental insurance for veterans, dependents and
survivors through a CHAMPVA pilot program. Over 3 years have passed and
this dental program is not yet in place. We are grateful for this
legislation, but perplexed at the length of time which has passed
without implementation.
DIC and Remarriage at 55
In 2003 Congress approved legislation to allow surviving spouses
who remarried at or after the age of 57 to retain DIC benefits. Both
the military Survivor Benefit Plan and the Federal employees' survivor
benefit plan allow surviving spouses to remarry at age 55 and retain
benefits. Allowing surviving spouses to remarry at age 55 and retain
their DIC benefit would make the age a surviving spouse may remarry
consistent with other Government programs for surviving spouses.
Prohibit Desecration of the U.S. Flag
Gold Star Wives of America urges passage of H. J. Res. 19,
proposing an amendment to the Constitution of the United States giving
Congress power to prohibit the physical desecration of the flag of the
United States. For the past 20 years, Gold Star Wives of America has
participated in hearings before the House Committee on the Judiciary,
Subcommittee on the Constitution because of our heartfelt belief in the
American flag. We urge the passage of H.J. Res. 19.
1 http://www.va.gov/SURVIVORS/OUTREACH.asp
2 http://www.benefits.va.gov/COMPENSATION/resources--
comp03.asp#BM01
3 http://www.dfas.mil/retiredmilitary/provide/sbp.html
4 http://militarypay.defense.gov/reports/QRMC/ 11th Quadrennial
Review of Military Compensation, Chapter 2, Page 20, Deferred
Compensation
5 http://usatoday30.usatoday.com/video/military-widows-must-
remarry-to-receive-full-benefits-part-1/1959407678001 http://
www.usatoday.com/media/cinematic/video/1695729/
6 VDBC Report, October 2007, Executive Summary, Allow Concurrent
Receipt Honoring the Call to Duty: Veterans' Disability Benefits - U.S.
Senate
7 http://www.tricare.mil/TYA
8 http://www.gibill.va.gov/resources/benefits--resources/rates/
CH35/ch35rates100112.htm
9 http://www.sanders.senate.gov/newsroom/news/?id=f63f3003-9c5b-
478d-810d-e09b52e4d7c5 http://www.sanders.senate.gov/newsroom/news/
?id=ca71ab54-06d2-42ec-ac6e-568141bb6798
Prepared Statement of Mark A. Kilgore
THE FRA
The Fleet Reserve Association (FRA) is the oldest and largest
organization serving enlisted men and women in the active, Reserve, and
retired communities plus veterans of the Navy, Marine Corps, and Coast
Guard. The Association is Congressionally Chartered, recognized by the
Department of Veterans Affairs (VA) and entrusted to serve all veterans
who seek its help.
FRA was established in 1924 and its name is derived from the Navy's
program for personnel transferring to the Fleet Reserve or Fleet Marine
Corps Reserve after 20 or more years of active duty, but less than 30
years for retirement purposes. During the required period of service in
the Fleet Reserve, assigned personnel earn retainer pay and are subject
to recall by the Secretary of the Navy.
FRA testifies regularly before the House and Senate Veterans'
Affairs Committees and Appropriations Subcommittees, and the
Association is actively involved in the Veterans Affairs Voluntary
Services (VAVS) program. A member of the National Headquarters' staff
serves as FRA's National Veterans Service Officer (NVSO) and as a
representative on the VAVS National Advisory Committee (NAC). FRA's
NVSO also oversees the Association's Veterans Service Officer Program
and represents veterans throughout the claims process and before the
Board of Veteran's Appeals.
In 2011, 171 FRA Shipmates provided almost 12,000 volunteer hours
of support at 59 VA facilities throughout the country, enabling FRA to
achieve VAVS ``Service Member'' status. Members of the Auxiliary of the
Fleet Reserve Association are also actively involved in the VAVS
program and hold an Associate Membership seat on the committee which
requires involvement at 15 or more VA facilities.
FRA became a member of the Veterans Day National Committee in
August 2007, joining 24 other nationally recognized Veterans Service
Organizations on this important committee that coordinates National
Veterans' Day ceremonies at Arlington National Cemetery. The
Association is a leading organization in The Military Coalition (TMC),
a group of 34 nationally recognized military and veteran's
organizations collectively representing the concerns of over five
million members. FRA senior staff members also serve in a number of TMC
leadership positions.
FRA celebrated its 88th anniversary on November 11, 2012, and its
motto is ``Loyalty, Protection, and Service.''
CERTIFICATION OF NON-RECEIPT OF FEDERAL FUNDS
Pursuant to the requirements of House Rule XI, the Fleet Reserve
Association has received no federal grant or contract during the
current fiscal year or either of the two previous fiscal years.
INTRODUCTION
Distinguished Chairmen, Ranking Members and other Members of the
Committees, thank you for the opportunity to present the Association's
2013 legislative goals. Before addressing specific issues, it's
important to note that veteran's benefits are earned through service
and sacrifice in the defense of this great Nation and are unlike other
entitlements or benefits programs.
SEQUESTRATION AND THE 2014 VA BUDGET
A top priority for FRA is to ensure that the VA budget is exempt
from the effects of the March 1, 2013 sequestration deadline, and to
also ensure that the likely extension of the FY 2013 continuing
resolution (CR) after March 27, 2013 does not result in unanticipated
cuts to VA programs. FRA thanks House Veterans Affairs Committee (HVAC)
Chairman Miller and former SVAC Chairwoman Murray for their efforts to
ensure that the entire Department of Veterans Affairs (VA) budget is
exempt from ``sequestration'' cuts as mandated by the 2011 Budget
Control Act (BCA).
Despite this effort, sequestration, the impact of budgeting by CR
without separate appropriations legislation, and delay of the
Administration's FY 2014 budget request has created significant anxiety
within our membership and the entire veterans' community.
The Veterans Health Administration (VHA) now serves more than eight
million veterans and thanks to strong support from these committees and
Congress continues to function via advanced appropriations. Our members
urge the Administration and Congress to work together to ensure that
the advanced appropriations amounts for FY 2013 are sustained and
adequate to meet estimated demand for veterans health care - and ensure
sufficient funding for FY 2014 and beyond as well. HVAC Chairman Jeff
Miller (Fla.) and Ranking Member Mike Michaud (Me.) introduced the
``Putting Veterans Funding First Act'' (H.R. 813). The bill would
require Congress to fully fund VA budget a year ahead of schedule by
providing two-fiscal year budget authority, ensuring that all VA
services will have timely, predictable funding in an era where
continuing resolutions and threats of government shutdowns are all too
frequent.
FRA supports the recommendations of the FY 2014 Independent Budget
(IB) which was recently released by AMVETS, Disabled American Veterans
(DAV), Paralyzed Veterans of America (PVA) and the Veterans of Foreign
Wars (VFW). The IB has served as a guide for funding the VA for 27
years and provides detailed VA budget analysis to meet the challenges
of serving America's veterans. Recommendations for FY 2014 include:
$58.8 billion for VA health care, which is $1.3 billion
more than the advanced appropriations from last year;
$2.4 billion for the Veteran's Benefits Administration
(VBA) which is $226 million than the FY 2013 request;
$900 million more for FY 2014 VA construction projects
($2.25 billion); and
$611 million for medical and prosthetic research which is
$28 million more than the FY 2013 request.
DISABILITY CLAIMS BACKLOG
FRA views the growing backlog of disability claims as a threat to
the Nation's solemn commitment to properly care for disabled veterans.
The cost of defending the Nation should include timely and adequate
treatment of our wounded warriors. In FRA's online February 2013 survey
of veterans, nearly 80 percent of those responding view the disability
claims backlog as ``very important,'' and more than 84 percent cite
access to VA health care benefits as ``very important.''
In January 2012, the VA reported that more than 800,000 veterans
were awaiting decisions, 60 percent of which were pending 125 days or
more - an increase of more 100% over the previous three years. As of
February 18, 2013 there are nearly 900,000 (897,714) disability claims
pending with 69.9 percent pending for 125 days or longer. Thousands of
additional claims adjusters have been hired since January 2007, yet
despite the additional resources and manpower, the backlog of
disability claims continues to increase. Adding to the backlog are
errors due to inadequate examination, inaccurate processing and lack of
oversight.
The Association has for many years urged VA to employ new and
improved technology to better manage the flood of disability claims
associated with the war efforts and to shrink the disability claims
backlog. FRA appreciates efforts by the Veterans' Benefits
Administration (VBA) to improve the disability claims process. However,
as is widely known by our VSOs and reported in various publications
including the Marine Corps Times (``VA head envisions radical
Improvements in Backlog,'' Nov. 19, 2012), the problem is made more
challenging by more claims arriving each year. The drawdown of troops
serving in Afghanistan will likely also result in a million more claims
each year for the next three years with 43 percent of claims coming
from the Reserve Component that creates additional access challenges.
The VBA is charged with achieving the ambitious goal of having
disability claims pending no longer than 125 days, with a 98 percent
accuracy rate, and is not only overwhelmed by the quantity of claims
but also the complexity of many claims.
The following, Recovering Warrior Task Force statement after its
January 14-15, 2013 meeting is noteworthy. ``After 12 years of war and
the implementation of legislative provisions, policies, and services,
DoD and VA still are plagued with basic command and control,
coordination, and communication issues that cause inconsistencies and
distrust across the agencies, ultimately affecting care for
beneficiaries . . . We will have another system surge when the troops
come home from Afghanistan, a `tsunami' . . . that will again overwhelm
the systems - and things will get worse before they get better . . .
Recovering warriors and their families are starving for practical help
- even while they are being overwhelmed by a massive volume of
information they are given.''
The quality of claims adjudication has also been a concern for FRA.
For example The Washington Post, (``Md Vets can face Extreme Waits,''
Steve Vogel, Feb. 4, 2013) cites that at Regional Office Baltimore,
Maryland, disability claims (are) pending 429 days on average and more
than 25 percent of those claims are being mishandled. The Association's
February 2013 online survey reveals that 89 percent of veterans believe
the quality of VA health benefits as ``very important,'' which is the
highest rating of all VA quality-of-life benefits in the online survey.
The Veterans Benefits Management System (VBMS), a paperless claims
program now used in 18 regional offices, is scheduled to become
operational in all 56 regional offices this year has the potential to
dramatically reduce the time it takes for processing disability claims.
The Washington Post, (``VA Entering the Digital Age for Claims,'' Steve
Vogel, Feb. 4, 2013) references ``pilot testing at the Salt Lake City,
Utah and Providence, Rhode Island offices [that] the VBMS cut the
average time to process a case from 240 days to 119 days according to
the agency.'' VBMS will automate five steps of the standard claims
adjudication process including establishment, development, evidence,
rating and award.
FRA appreciates the outreach and expanded communication by VA
Undersecretary for Benefits Allison A. Hickey. Her leadership at VBA
has strengthened and expanded partnerships and improved communications
with FRA and other military/veterans organizations. She has pushed for
badly needed reform and encouraged a culture of change and reform at
VBA. Noted improvements include expanded usage of the eBenefits website
and disability benefit questionnaires (DBQ) completed by the claimant's
private physician that evaluate disabilities that are the equivalent to
those completed by VA or VA-contracted examiners. (DBQs are 81
different templates that solicit medical information necessary to
evaluate medical conditions.)
We appreciate efforts to streamline the claims process, however,
challenges remain with implementing and interpreting these processes by
both VA and private sector physicians, even with accurately-completed
DBQs and duplicative VA exams that slow down the disability claims
process.
Another important reform at the VBA is the creation of Quality
Review Teams (QRT) in every regional office, charged with seeking out
and correcting mistakes with disability claims processing, and
providing end-of-month performance reviews intended to reduce lag-time
in measuring quality from the current four months to one week and
permit timely corrective action. The VBA created three segmented lanes
for disability claims (Express, Core, and Special Ops) that should
accelerate adjudication for ``Express'' claims from 250 days to 80
days, and reduce overall claims processing an average of 51 days.
The VA is also cutting red-tape for veterans by eliminating the
need to complete an annual Eligibility Verification Report (EVR). The
VA has implemented a new process for confirming eligibility for
benefits. In the past, beneficiaries had been required to complete an
EVR each year to ensure their benefits continued. VA estimates it would
have sent nearly 150,000 EVR's to beneficiaries in January 2013.
Eliminating these annual reports reduces the burden on veterans, their
families, and survivors to submit routine reports to VA each year to
avoid suspension of benefits. This will also free up more than 100
employees that processed EVRs that can work on eliminating the claims
backlog.
The VA also launched a new initiative that could eliminate the
requirement for an in-person medical examination for some veterans and
shorten the time it takes to process disability compensation claims.
The initiative is called Acceptable Clinical Evidence (ACE). This is a
joint effort by the VHA and the VBA to provide a veteran-centric
approach for disability examinations. The ACE process opens the
possibility of doing assessments without an in-person examination when
there is sufficient information in the record.
The VBA has worked to increase the percentage of Fully Developed
Claims (FDC) which consists of a complete application, all military and
civilian medical treatment records, and relevant military records
including the claimants DD 214. Claims submitted under the FDC program
are currently processed on average within 115 days. VBA has a goal of
increasing FDC claims to reach 20 percent of all claims. This would
increase 153,000 claims adjudicated before the 125 day deadline.
FRA continues to believe there is strong bipartisan support to
further reform the system and lawmakers have made clear that they want
to improve claims processing to eliminate bureaucratic delays and
ensure more uniformity between branches of the military and the VA in
how they rate disabilities. An effective delivery system is essential
along with decisive and appropriate action to correct deficiencies and
improve processes. That said ,VA can promptly deliver benefits to
veterans only if it has modern technology, adequate resources,
sufficient personnel training and staffing.
WOUNDED WARRIORS & SEAMLESS TRANSITION
FRA strongly supports the Administration's efforts to create an
integrated Electronic Health Record (iEHR) for every service member
which would be a major step towards the Association's long-standing
goal of a truly seamless transition from military to veteran status for
all service members and permit Department of Defense (DoD), VA, and
private health care providers immediate access to a veteran's health
data.
The importance of fully implemented interoperability of electronic
medical records cannot be overstated. However, SecDef Leon Panetta and
SecVA Eric Shinseki recently announced jointly that the departments are
abandoning plans to create a single electronic health record for active
duty military and veterans. And FRA shares concerns expressed by HVAC
Chairman Miller at a February 27, 2013 hearing that this change could
be viewed as a step backwards on this issue apparently due to budget
pressures and higher costs.
There is some sharing now between DoD, VA and the private sector,
but more needs to be done. Wider expansion of data sharing and exchange
agreements between VA, DoD and the private sector is needed. VA's
``Blue Button'' initiative permits veteran's online access to some
medical history, appointments, wellness reminders and military service
information, but most is only accessible only after in-person
authentication. VHA is also moving forward on its paperless processes
that is Health Insurance Portability and Protection Act (HIPPA)
compliant.
FRA strongly supports the VA/DoD joint effort to invest more than
$100 million in new research to improve diagnosis and treatment of post
traumatic stress (PTS) and mild traumatic brain injury (TBI) in
response to a August 31, 2012 Presidential Executive Order calling for
DoD and VA to also establish an inter-agency task force to coordinate
their efforts, and VA and Health and Human Services (HHS) will
establish at least 15 pilot programs involving community-based health
providers to expand mental health services in areas not well served by
VA.
The Veterans Affairs and Armed Services Committees must remain
vigilant regarding their oversight responsibilities associated with
ensuring a ``seamless transition'' for our Nation's wounded warriors.
In conjunction with this, FRA is concerned about shifting of
departmental oversight from the Senior Oversight Committee (SOC)
comprised of the DoD and VA secretaries per provisions of the FY 2009
National Defense Authorization Act, to the more lower echelon Joint
Executive Council (JEC) which is now responsible for supervision, and
coordination of all aspects of DoD and VA wounded warrior programs.
This change is perceived by many as diminishing the importance of
improving significant challenges faced by service members -
particularly wounded warriors and their families - in transitioning
from DoD to the VA.
The Association notes the importance of the eBenefits web site
which serves as an electronic portal for veterans, service members and
their families to research, find, access, and in the near future manage
their VA benefits and track progress on claims processing. The program
is a service of the VA and DoD and was one of the recommendations of
the President's Commission on Care for America's Returning Wounded
Warriors (Dole/Shalala). There are now more than 1.86 million eBenefits
users.
The Association also strongly encourages support for the Navy's
Safe Harbor Program and the Marine Corps Wounded Warrior Regiment
(WWR), programs that are providing invaluable support for these
personnel before and after they transition to veterans' status.
MENTAL HEALTH/SUICIDE
FRA believes post traumatic stress (PTS) should not be referred to
as a ``disorder.'' This terminology adds to the stigma of this
condition, and the Association believes it is critical that the
military and VA work to reduce the stigma associated with PTS and TBI.
Access to quality mental health service is a vital priority, along with
a better understanding of these conditions and associated care and
support that's currently available.
Suicide prevention is also a priority issue for FRA and the VA's
2012 Suicide Data Report will hopefully help in reducing the number of
veteran's suicides. In the past, data on veterans who died by suicide
was only available for those who had sought VA health care services.
This also includes state data for veterans who had not received health
care services from VA, which will help VA strengthen its aggressive
suicide prevention activities. The report indicates that the percentage
of veterans who die by suicide has decreased slightly since 1999, while
the estimated total number of veterans who have died by suicide has
increased.
As many as 18 veterans are committing suicide every day and access
to quality mental health services must continue to be a priority for
the VA. In 2005 the VA's 13,000 mental health professionals were
providing care for veterans. Today there are more than 20,000 mental
health professionals at the VA and that number should continue to
increase. The VA/DoD crisis hot line has assisted more than 640,000
people and recued over 23,000 from potential suicide, and there must be
readily available counseling support and expanded awareness of help
that's available to veterans in crisis. Expanding VA counseling to
veteran's family members, strengthening oversight of IDES, and
requiring VA to establish accurate measures for mental health were
included in the FY 2013 NDAA are also important in addressing this
issue.
The Association appreciates the White House efforts at stemming the
tide of veteran suicides. President Obama signed an Executive Order on
August 31, 2012 aimed at reducing suicides and improving mental health
services for veterans, active duty personnel and their families. The
order requires the VA to increase capacity of its Veterans Crisis
Hotline by 50 percent to ensure that veterans identified as being a
danger to themselves or others are connected with a trained mental
health professional within 24 hours. The order allows VA to refer
veterans in need of immediate mental health care to the TRICARE network
and directs the VA and the Department of Health and Human Services
(HHS) to expand outreach efforts to service members and veterans, and
fill all vacancies for mental health staff positions.
AGENT ORANGE
From 1964-1975 more than 500,000 service members were deployed off
the coast of Vietnam and may have been exposed to Agent Orange, a
herbicide used in Vietnam. Past VA policy (1991-2001) allowed service
members to file claims if they received the Vietnam Service Medal or
Vietnam Campaign Medal.
The Association appreciates the establishment of a presumptive
service-connection for Vietnam veterans who have B cell leukemia,
Parkinson's disease or ischemic heart disease. These diseases are
related to exposure to Agent Orange. VA Secretary Eric Shinseki's
decision was based upon an Institute of Medicine's (IOM) 2010 report
and this is a major step in the right direction, but FRA is advocating
for a broader Agent Orange service-connection.
However, a January 2013 VA statement referencing a careful review
of another IOM report in 2011, entitled, ``Blue Water Navy Vietnam
Veterans and Agent Orange Exposure,'' indicates that there is
insufficient evidence to establish a presumption of exposure to
herbicides for Vietnam veterans who served off the Vietnam coast during
the conflict.
FRA believes that decision maintains the status quo regarding
disability claims of these so-called ``Blue Water'' veterans and that
the IOM report validated the 2002 Royal Australian Navy study that
confirmed the desalinization process used on Australian and U.S. Navy
ships actually magnified the dioxin exposure. The Association continues
to seek a legislative remedy to reverse current policy so Blue Water
veterans and military retirees who have health problems commonly
associated with herbicide exposure will be eligible for service-related
VA medical and disability benefits.
FRA notes the VA's efforts to expand presumption to ships exposed
to Agent Orange during the Vietnam era. In January 2012 the Department
added 47 ships to its list of Navy and Coast Guard vessels that may
have been exposed to the Agent Orange herbicide. The list expanded as
VA staff determined that a ship anchored, operated close to shore or
traveled on the inland waterways and was exposed to the toxic
herbicide.
While the expanded VA policy to include veterans who sailed on
``inland waterway'' ships is significant, FRA believes it does not go
far enough. The Association has received hundreds of calls from ``blue
water sailors'' and their surviving spouses, stating that due to
service on ``their ships'' in Vietnam waters, they too suffer or have
died from many of the illnesses associated to presumed exposure to
herbicides as their ``brown water'' and ``boots on the ground''
counterparts.
The Association wishes to thank Representative Chris Gibson (N.Y.)
for his introduction of H.R. 543 ``Blue Water Navy Vietnam Veterans Act
of 2013.'' The bill was introduced with 42 original bi-partisan co-
sponsors. FRA looks forward to the Senate introducing companion
legislation and potential hearings on this priority issue of the
Association
DISABIITY RATING REVIEW
Aggressive committee oversight of the Integrated Disability
Evaluation System (IDES) is essential to ensuring that disability
ratings established by this system are fair and consistent. FRA
supports the modernization of the VA Schedule of Rating Disabilities to
guarantee that the ratings are uniform between the different services,
between enlisted and officers, and uniform between DoD and VA.
The 2013 Independent Budget (IB), a recent IOM report, the final
report (2007) of the Veterans Disability Benefit Commission (VDBC), and
the Dole -Shalala Commission all agree that the current disability
rating should be reformed to more fully take into account non-economic
loss and quality of life factors when determining compensation.
The Association also recommends that Congress change the current
practice of rounding down veterans and survivors benefits to the next
lowest dollar. Over time, the effect of rounding down can be
substantial and our members have expressed concern about these effects.
FRA urges Congress to authorize a presumption of service-connected
disability for combat veterans and veterans exposed to high levels of
noise and subsequently claim hearing loss or tinnitus. Currently,
veterans must prove that the hearing problem was caused by military
service.
The Physical Disability Board of Review (PDBR) was mandated by the
FY 2008 National Defense Authorization Act to reassess the accuracy and
fairness of disability claims that resulted in combined disability
ratings of 20 percent or less for service members who were separated
from service due to medical conditions rather than being medically
retired. To be eligible for a PDBR review, service members must have
been medically separated between September 11, 2001, and December 31,
2009, with a combined disability rating of 20 percent or less, and
found ineligible for retirement. PDBR can not downgrade a disability
for veterans seeking a review if their rating and nearly half of those
reviewed have been upgraded to 30 percent or more. FRA urges additional
funding for mailing and other outreach efforts to eligible veterans and
that adequate staff and resources be provided to the PDBR to be able to
process an increase in the volume of veterans seeking a review of their
ratings.
COLA
FRA supports Rep. Jon Runyan's (N.J.) legislation (H.R. 569) to
provide automatic annual cost-of-living-adjustments (COLA) for veterans
with service connected disabilities and survivors of certain disabled
veterans receiving dependency and indemnity compensation (DIC).
Currently Congress must authorize veteran's COLA legislation every
year. Runyan's legislation would make this increase automatic just like
the automatic annual increases for military retirees.
The Department of Labor's Consumer Price Index (CPI) is used to
determine annual COLAs for various benefit programs. Recent budget
reduction discussions have focused in part on the concept of swapping
the CPI with the so-called ``chained CPI'' that takes into account the
effect of substitutions that consumers make in response to changes in
prices. That change over time would have a significant impact on the
annual COLAs for military retirees and on veterans' benefits. SVAC
Chairman Bernie Sanders' (Vt.) effort in leading opposition to the
chained CPI and the Association is committed to ensuring equitable
COLAs for military retiree's retainer pay, veterans disability
compensation, dependency and indemnity compensation for surviving
spouses and children.
POST 911 GI BILL
The Association strongly supports the ``GI Bill Tuition Fairness
Act'' (H.R. 357) that would require schools eligible for GI Bill
education benefits to authorize veterans in-state tuition rates even
though they may not be residents of the states where the schools are
located. According to a recent Navy Times story, (Jan. 28, 2013),
``only 13 states now provide in-state tuition to non-resident
veterans.'' Those who volunteered to defend this Nation did not just
defend the citizens of their home states, but the citizens of all 50
states, and the educational benefits they receive from the taxpayers
should reflect that fact. The current limit on GI Bill tuition is in
excess of $18,000 per semester and this legislation will ensure that
veterans receiving benefits from the Post 911 GI Bill will have their
tuition reimbursed, which was the intent of the original Post 911 GI
Bill law.
FRA appreciates enactment of the ``Improving Transparency of
Education Opportunities for Veterans Act'' (H.R. 4057), sponsored by
Rep. Gus Bilirakis (Fla.) that among its other provisions, highlights
available educational resources to help GI Bill beneficiaries choose
the school best meeting their educational needs.
The Post 9/11 GI Bill is a tremendous benefit for service members
who qualify for the program and has significantly improved the morale
of those currently serving. The VA has provided more than $24.4 billion
in tuition and benefits for more than 870,000 veterans, service
members, and their families. The Association urges sustained oversight
of the program to ensure that qualifying veterans and their families
can make informed decisions about choosing the best educational program
for their needs and that they receive benefits in a timely manner. The
demand for Post 911 GI Bill benefits is expected to increase as the
U.S. military disengages from Afghanistan and there is a drawdown of
forces.
Timely processing of GI Bill benefits has been a challenge for the
VA, and FRA appreciates the VBA efforts to work with universities,
colleges, and trade schools to improve the benefit payment process. By
law the VA can not pay GI Bill benefits until the School Certifying
Official (SCO) provides VA enrollment certifications. FRA appreciates
the VA establishing an SCO hotline for schools having difficulty with
the certification process.
ACCESS TO VA CARE
In 2009 there was a partial lifting of the ``temporary'' 2003 ban
on enrolling Priority Group 8 veterans. VA opened enrollment for some
(10 percent) of these beneficiaries and the intent was to gradually add
10 percent more enrollments each successive year, however the lifting
of the ban stopped after the first year significantly limiting access
to care. More than 260,000 veterans have been impacted by the policy.
Our Nation made commitments to all veterans in return for their service
and limiting enrollment conveys the wrong message to those currently
serving and those who have served in the past.
Expanding access to VA Hospitals and Clinics for TRICARE
beneficiaries is important and FRA supports opportunities to expand
DoD/VA joint facilities demonstration projects such as combining the VA
Hospital and the Naval Hospital at Great Lakes Naval Base, Illinois,
and ensuring that military retirees are not required to pay for care in
VA facilities. All 153 VA medical centers accept TRICARE beneficiaries
except for TRICARE for Life beneficiaries.
The Association is concerned that the Inspector General has
launched an investigation of the failure of medical protocols at the
Buffalo VA Medical Center that could have exposed more than 700
patients to HIV, hepatitis B or hepatitis C. FRA welcomes HVAC plans to
hold a hearing on the problems at that facility.
FRA supports the CHAMPVA Children's Protection Act (H.R. 288),
sponsored by HVAC Ranking Member Rep. Mike Michaud (Maine), that
increases from age 23 to 26 the maximum age of eligibility for certain
dependent children of veterans for medical care under the Civilian
Health and Medical Program of the VA. This bill would bring CHAMPVA in
line with TRICARE and the insurance requirements created by the
Affordable Care Act.
Finally, Congress should expand the VA Caregivers Act to cover
full-time care givers of catastrophically disabled veterans before
September 11, 2001. In addition, the Defense Centers of Excellence
should be adequately funded and staffed.
MEDICARE SUBVENTION
FRA believes authorization of Medicare subvention for eligible
veterans would improve access for Medicare-eligible veterans and
enhance health care funding for the VA. Under current law, Medicare is
not authorized to reimburse VA hospitals for care provided to Medicare
eligible veterans. This results in veterans being forced to decide
between receiving medical care through the VA, or using Medicare at a
non-VA facility and foregoing the personalized care of a VA hospital.
Most veterans pay into Medicare for most of their lives, yet the law
prohibits them from benefitting from this via care at VA facilities
later in life.
WOMEN VETERANS
In January 2013 the Pentagon lifted the ban on women in direct
combat and Defense Secretary Leon Panetta stated that women have become
an ``integral part'' of the military and have already demonstrated
their willingness to fight during the wars of the last decade. Even
before the change women were playing a significant role in the nation's
defense.
During the past decade military roles and responsibilities have
been broadened and the number of women serving has significantly
increased. There are more than 1.8 million women veterans and today
they make up more than 15 percent of our active duty forces and 18
percent of the Reserve Component (RC). FRA strongly supports VA efforts
to create an appropriate model of care for women veterans and the pilot
program to provide child care services for women veterans who come to
the VA for treatment of their wounds and injuries. Further, the VA
should enhance its sexual trauma and other gender specific programs and
continue to improve services tailored to women veterans in all VA
facilities.
VETERAN'S EMPLOYMENT
Veteran's unemployment and programs to assist them in finding jobs
throughout our Nation are very important. In conjunction with these
issues, FRA welcomed news that the Senate recently confirmed Keith
Kelly to serve as the Department of Labor (DoL) Assistant Secretary for
Veterans Employment and Training Service, a post that had been vacant
since July of 2011.
Employer tax credits for hiring veterans are authorized in the
recently enacted Veterans Opportunity to Work to Hire Heroes Act (VOW).
And veterans' job fairs are being scheduled throughout the country in
conjunction with the White House Business Council. These and other
efforts have resulted in the veterans' unemployment rate dropping to
6.7 percent, which is more than a full percentage point below the
national average of 7.8 percent. TAP and DTAP sessions are now
mandatory to also help with the transition of all service members to
civilian life and post service employment.
TRANSITION ASSISTANCE PROGRAM
FRA supported making the Transition Assistance Program (TAP) a
mandatory program for service members leaving the military. TAP was
established to offer job search assistance and related services for
separating service members during their period of transition into
civilian life.
The Association concurs with the 2014 IB recommendation that
stresses the importance of a new TAP curriculum that is relevant to
today's transitioning service members, and that Congress must track
implementation of the new TAP efforts to ensure its effectiveness.
Keith Kelly, the newly confirmed Department of Labor Assistant
Secretary for Veterans Employment and Training Service, indicated
during his confirmation hearing that he will implement the re-designed
TAP. Currently multiple government agencies have jurisdiction (DoL,
DoD, VA, and Department of Homeland Security) over the program and FRA
supports shifting oversight of these programs to the VA. Kelly also
pledged to improve outreach to service members and veterans to ensure
they have access to this and other programs to help them find civilian
jobs.
VETERANS HOMELESSNESS
FRA supports the goal of eliminating veterans homelessness by 2015.
With assistance from the Housing and Urban Development (HUD) the VA has
made progress on this issue. According to The Washington Post,
(``Donovan, Shinseki hit D.C. Streets for National Homeless Count,''
Steve Vogel, Feb. 1, 2013), ``Last year's count found 62,619 homeless
veterans, representing a 17.2 percent decline since 2009.'' Since HUD
and VA have joined forces more than 37,000 homeless veterans have been
place in housing.
FULL VETERAN STATUS FOR RESERVE COMPONENT SERVICE
The Association supports full veteran status for Reservists with 20
years or more of service. FRA appreciates Sen. Mark Pryor's leadership
in the last session of Congress by introducing the ``Honor American's
Guard-Reserve Retirees'' (S. 491) bill and filing an amendment to the
FY 2013 NDAA that unfortunately was not called for a vote. FRA also
appreciates the leadership of Rep. Timothy Walz's (Minn.) companion
bill (H.R. 679) that passed the House by voice vote in the last session
of Congress.
COURT-ORDERED DIVISION OF VETERAN'S COMPENSATION
The intent of service-connected disability compensation is to
financially assist a veteran whose disability may restrict his or her
physical or mental capacity to earn a greater income from employment.
FRA believes this payment is that of the veteran and should not be a
concern in the states' Civil Courts. If a court finds the veteran must
contribute financially to the support of his or her family, let the
court set the amount allowing the veteran to choose the method of
contribution. FRA has no problem with child support payments coming
from any source. However, VA disability should be exempt from
garnishment for alimony unless the veteran chooses to make payments
from the VA compensation award. The Federal government should not be
involved in enforcing collections ordered by the states. Let the states
bear the costs of their own decisions. FRA recommends the adoption of
stronger language offsetting the provisions in 42 USC, now permitting
Federal enforcement of state court-ordered divisions of veterans'
compensation payments.
NATIONAL CEMETERY ADMINISTRATION
The National Cemetery Administration (NCA) maintains over three
million gravesites at 131 national cemeteries in 39 states, the
District of Columbia, and Puerto Rico that include 3.1 million
gravesites. The VA estimates that about 22 million veterans are alive
today. They include veterans from World War II, the Korean War, the
Vietnam War, the Gulf War, and the War on Terror, as well as peacetime
veterans. It is expected that one in every six of these veterans will
request burial in a national cemetery. Annual internments are estimated
to have increased to 116,000 in the current fiscal year (FY 2013) and
will remain at that level until 2015.
FRA believes that transparency is an effective deterrent to
bureaucratic mismanagement and welcomes the recently released VA
Inspector General's report that reviewed over three million veteran's
graves in 131 national cemeteries that indicated an error rate of less
than 0.0003 percent. This report was a result of HVAC Chairman Miller's
call last year for a complete audit of gravesites to ensure all
veterans and their dependents are buried in the correct graves. Our
members appreciate the House Committee's ongoing oversight to ensure
that these problems do not arise again at NCA cemeteries. The VA has
also indicated it will ``tighten procedures'' and will continue to
conduct audits at the 17 cemeteries where problems were discovered.
The Association supported the recent enactment of the ``Dignified
Burial and Veterans' Benefits Improvement Act'' (S. 3202 P. L. 112-260)
that authorizes the VA to furnish a casket or urn for a deceased
veteran when VA is unable to identify the veteran's next-of-kin and
determines that sufficient resources are not otherwise available to
provide for proper burial in a national cemetery.
FRA appreciates the increased burial plot allowance from $300 to
$700 effective October 1, 2011, although there is still a gap between
the original value of the benefit and the current benefit. The
Association also supports the FY 2013 IB recommendations to increase
the plot allowance to $1,150. Further NCA's Operations and Maintenance
budget should be increased so it can meet increasing demands created by
the aging veteran population.
CONCURRENT RECEIPT
FRA continues its advocacy for legislation authorizing the
immediate payment of concurrent receipt of full military retired pay
and veterans' disability compensation for all disabled retirees. The
Association appreciates the progress that has been made on this issue
that includes a recently enacted provision fixing the CRSC glitch that
caused some beneficiaries to lose compensation when their disability
rating was increased. Chapter 61 retirees receiving CRDP, and CRDP
retirees with less than 50 percent disability rating that should also
receive full military retired pay and VA disability compensation
without any offset.
The Association strongly supports legislation to provide additional
improvements that include Senate Majority Leader Harry Reid's recently
introduced legislation (S.234), Rep. Sanford Bishop's (N.Y.) ``Disabled
Veterans Tax Termination Act'' (H.R. 333) and Rep. Gus Bilirakis'
(Fla.) ``Retired Pay Restoration Act'' (H.R. 303).
SCRA ENFORCEMENT
Certain Servicemembers Civil Relief Act (SCRA) protections have
limits. SCRA only protects service members and their families from
eviction from housing while on active duty due to nonpayment of rents
that are $1,200 per month or less and covering housing leases up to
$2,932.31 per month. These caps were established in 2003 and FRA
supports increasing the caps to account for today's higher cost of
living. The Association also wants to ensure that SCRA is enforced by
regulatory agencies, including the Consumer Financial Protection Bureau
(CFPB), Office of Military Affairs.
Abuses of service members' rights were originally exposed by the
House Veterans Affairs Committee under the leadership of Chairman Rep.
Jeff Miller (Fla.) during a February 2011 hearing. The hearing revealed
J.P. Morgan Chase Bank violated the SCRA by improperly charging higher-
than-allowed interest on 4,500 active duty service members' mortgages
and foreclosing on 18 service members' homes while they were deployed.
These hearings lead to settlement between the Federal government, 49
state Attorneys General, and five of the largest mortgage loan
servicers: Bank of America, JP Morgan Chase, Citigroup, Wells Fargo,
and Ally Financial.
SBP/DIC
FRA supports the ``Military Surviving Spouse Act'' (H.R. 32)
sponsored by Rep. Joe Wilson (S.C.), and understands that Senate
companion legislation may be introduced soon that would repeal the SBP/
DIC offset. This bill would eliminate the offset, also known as the
``widow's tax,'' on approximately 60,000 widows and widowers of our
Armed Forces.
Current DIC payments are $1,215 and 2009 legislation partially
addressed this inequity by authorizing an increase via the Special
Survivor Indemnity Allowance of only $50 per month for that year, with
increases to $100 in 2014. The above referenced legislation would
increase the allowance to $150 per month in 2014 with gradual increases
to $310 per month in 2017.
SBP and DIC payments are paid for different reasons. SBP coverage
is purchased by the retiree and intended to provide a portion of
retired pay to the survivor upon his/her death, while DIC is indemnity
compensation paid to survivors of service members who die of service
connected causes. And it's important to note that surviving spouses of
federal civilian retirees who are disabled veterans and die of service
connected causes receive DIC without offset to their federal civilian
SBP benefits.
UNIFORMED SERVICES FORMER SPOUSES PROTECTION ACT (USFSPA)
FRA urges Congress to examine the Uniformed Services Former
Spouses-Protection Act (USFSPA) and support amendments to the language
therein to protect its service members against State courts that ignore
provisions of the Act.
The USFSPA was enacted 29 years ago; the result of Congressional
maneuvering that denied the opposition an opportunity to express its
position in open public hearings. The last hearing, in 1999, was
conducted by the House Veterans' Affairs Committee rather than the
Armed Services Committee which has oversight authority for amending the
USFSPA.
Few provisions of the USFSPA protect the rights of the service
member, and none are enforceable by the Department of Justice or DoD.
If a State court violates the right of the service member under the
provisions of USFSPA, the Solicitor General will make no move to
reverse the error. Why? Because the Act fails to have the enforceable
language required for Justice or the Defense Department to react. The
only recourse is for the service member to appeal to the court, which
in many cases gives that court jurisdiction over the member. Another
infraction is committed by some State courts awarding a percentage of
veterans' compensation to ex-spouses, a clear violation of U. S. law;
yet, the Federal government does nothing to stop this transgression.
There are other provisions that weigh heavily in favor of former
spouses. For example, when a divorce is granted and the former spouse
is awarded a percentage of the service member's retired pay, the amount
should be based on the member's pay grade at the time of the divorce
and not at a higher grade that may be held upon retirement.
Additionally, Congress should review other provisions considered
inequitable or inconsistent with former spouses' laws affecting other
Federal employees with an eye toward amending the Act.
CONCLUSION
In closing, allow me again to express the sincere appreciation of
the Association's membership for all that you and the Members of both
of the House and Senate Veterans' Affairs Committees and your
outstanding staffs do for our Nation's veterans.
Our leadership and Legislative Team stands ready to meet with and
assist you, other members of the Committees or their staffs at any
time, to improve benefits for all veterans who've served this great
Nation.
Prepared Statement of John Rowan
Good morning, Chairmen Sanders and Miller, Ranking Members Burr and
Michaud, and other members of these most distinguished House and Senate
Veterans' Affairs Committees. I am most pleased to appear before you
today to present on behalf of the members and families of Vietnam
Veterans of America VVA's legislative agenda and policy initiatives for
this, the 113th Congress of the United States.
First, though, I want to thank you for your efforts to assist
veterans who need assistance, to monitor those agencies of government
that need monitoring, and to address the myriad of issues that, quite
frankly, need to be addressed, several of which you will find among
VVA's deepest concerns.
As you know, although VVA is the only Vietnam veterans service
organization chartered by Congress, we advocate on behalf of veterans
of all eras, those who served before us and those who have served most
recently in the wars in Afghanistan and Iraq, which have supplanted our
war as the longest in the history of the republic.
I would hazard a guess that more than a few folks even in this room
this morning are unaware that there is a solitary American serviceman
who is missing in action in Southwest Asia. In the parlance of the
Pentagon, he is a DUSTWUN, ``Duty Station Whereabouts Unknown,'' which
doesn't resonate as somberly as ``Missing in Action.''
You should know that getting the fullest possible accounting of the
fates of America's POW/MIAs has long been VVA's top priority. At the
conclusion of hostilities in the war in Vietnam, 2,646 American
servicemen were listed as missing in Southeast Asia; at the beginning
of this month, some 1,653 remained ``unaccounted for.'' VVA's Veterans
Initiative program, which reaches out to Vietnamese veterans, has led
them to the burial sites of potentially thousands of their comrades.
Importantly for us, it has enabled our emissaries to return with the
remains of several of our brother soldiers.
VVA has identified and placed into two categories what we consider
to be viable Top Priorities: Addressing the Legacy of Toxic Exposures
and Fixing the VA. They can be accomplished if there is the political
and/or the managerial will. They are achievable if we want them badly
enough, and if we can marshal our service and veterans communities and
work in concert to convince you, our elected officials, that these are
of great importance for all Vietnam veterans and for our families and
our survivors. Only one of these will likely require any significant
outlay of funding, but its potential benefits for all of American
society can be huge.
Let us be clear: Vietnam Veterans of America continues to embrace
the newest generation of veterans, who have served with such
distinction in Southwest Asia, for their reception home and for the
array of benefits accorded to them - the Post-9/11 G.I. Bill, which
significantly outdoes the educational benefits of even the original
G.I. Bill Congress passed in 1944 in anticipation of the flood of
returning servicemen and -women from Europe and the Pacific; and the
Caregivers and Veterans Omnibus Health Services Act of 2010 that
Congress enacted to assist family caregivers of catastrophically
wounded or injured warriors in the wake of 9/11. Consistent with our
founding principle, we will never abandon any generation of veterans.
But while attention has appropriately been given to veterans of our
nation's recent and current wars, make no mistake: Vietnam veterans
still have unmet needs. And we refuse to be passed by and dismissed or
forgotten.
This Administration has made real strides in recognizing the
inequities we have suffered, and for this they - especially VA
Secretary Eric K. Shinseki and President Barack Obama - deserve our
thanks. Enactment of the Top Priorities we outline here, in both
Addressing the Legacy of Toxic Exposures and Fixing the VA, can go a
long way towards ameliorating some of these needs - not just for
Vietnam veterans but for veterans of all eras.
And make no mistake: When we reference ``toxic exposures'' we don't
mean only Agent Orange - dioxin - or the burn barrels so many of us
stood next to in Vietnam. We are going well beyond our own concerns. We
are also addressing the intense plume from the explosion in 1990 of the
``ammunition dump'' at a place called Khamisiyah during the Persian
Gulf War; and we are concerned about the effects on those who worked in
and lived near the scores of burn pits that were so much a part of the
landscape of the American presence during the long years of Operation
Enduring Freedom in Afghanistan and Operations Iraqi Freedom and New
Dawn in Iraq. And as our understanding of toxic exposures increases, we
strongly urge the Department of Defense to think prospectively, to
anticipate and not just react, to the likelihood of similar exposures
in future conflicts as part of the true ``cost of war'' - and the
lifelong, even intergenerational legacies they may generate.
U.S. and Allied troops are for the most part out of Iraq. The
President has promised that almost all American troops will exit
Afghanistan by the end of 2014. As long as our forces are in harm's
way, there is a reservoir of sympathy for their service and their
sacrifices. This translates into protected funding for VA personnel and
programs. Once the shooting ceases and all the troops return to our
shores - even though the VA will have the enormous task of dealing with
their wounds both physical and mental for the rest of their days - it
is likely that Congress will no longer be so generous. This we Vietnam
veterans know only too well.
Addressing the Legacy of Toxic Exposures
Not all wounds of war are immediately obvious. Much has been
written about the impacts of combat on the human psyche, and such
mental ills known now by their acronyms - PTSD (Post-traumatic Stress
Disorder) and TBI (Traumatic Brain Injury) - have been accorded much
attention by the Pentagon, prodded, as it were, by the press and the
public and the national veterans' service community.
Not so evident are the insidious long-term effects of exposures to
toxic substances. Substances like dioxin. And mustard gas. And sarin
and VX and BZ. As we can now testify, symptoms can present a decade or
more after exposure and separation from service. And by ``long-term
effects'' we don't mean only on the veteran. We refer as well to their
progeny, a generation or more into the future. They are in effect also
wounded by the war in which their mother or father served. There has
been a paucity of research in this area. You would think - you would
hope - that the VA, with its multi-million dollar budget for research,
would try to initiate at least a few studies in this area. But you
would be wrong.
To help right this wrong, VVA has developed a bill we expect to be
introduced initially in the House of Representatives. We intend to
identify champions for this legislation and seek co-sponsors from both
sides of the aisle to move this bill, to get a hearing in the
appropriate committee, and then push on from there. The CBO, the
Congressional Budget Office, will score the bill: make no mistake,
there will be a cost to do it right. But the cost is worthwhile, and
the cause is righteous.
The legislation we have crafted , which we are calling the
Veterans' Family Preservation, Health Maintenance, and Research Act of
2013, embraces these elements:
A veteran's military medical/health history shall be a
mandatory piece of the electronic patient medical treatment system to
be developed in concert with the national rollout of this system;
A database registry within the Veterans Health
Administration, the VHA, modeled on the VA's Hepatitis C Registry,
shall be established for veterans exposed to Agent Orange/ dioxin that
would replace the current registry; similar registries shall be
established for the Persian Gulf War, Operations Iraqi Freedom/New Dawn
and Enduring Freedom, the Global War on Terror, and other significant
deployments, e.g., Bosnia, Somalia, the Philippines; and for any duty
station in CONUS, e.g., Camp Lejeune, Air Station El Toro, or overseas
military installation, e.g. Guam, Okinawa, potentially contaminated by
toxic substances;
A national Center for the Treatment and Research of
Health Conditions suffered by the Progeny of Veterans Exposed to Toxic
Substances during their military service shall be established;
An Advisory Committee to oversee the work done at the
Center, and to advise the Secretaries of Health and Human Services and
Veterans Affairs on issues related to the research, care, and treatment
provided for in this bill, as well as on the benefits and services
needed by the progeny of veterans exposed to toxic substances during
their military service, also shall be established;
An Office of Extramural Research, the focus of which
shall be on environmental studies of toxic exposures and other hazards
experienced by troops during their service in the United States
military, shall be established, and funded on its own dedicated budget
line, by the Secretary of Veterans Affairs;
An Extramural Research Advisory Council to advise the
Secretary of Veterans Affairs and the Director of Extramural Research
on guidelines for research proposals and to weigh the evidence of
various epidemiological studies on the health effects of toxic
exposures on veterans and their progeny, shall also be established; and
A coordinated, ongoing, national outreach and education
campaign using such means as direct mail, on-line media, social media,
and traditional media to communicate information about such exposures
and health conditions, as well as the existence of the National Center
to all eligible U.S military veterans and their families affected by
incidents of toxic exposures, shall be conducted.
Extending the Relationship with the IOM
Since 1996, the Institute of Medicine, the IOM, a component entity
of the National Academy of Sciences, has been producing, under contract
with the VA, biennial editions of Veterans and Agent Orange. The next
one, representing its reviews of the scientific literature in 2012,
will be the last, unless Congress renews its mandate to the VA to
continue its relationship with the IOM to empanel experts every two
years to review the literature, conduct hearings across the country,
and issue the Update.
Although the Update does not make recommendations, its findings of
degrees of association are crucial in helping the VA evaluate a health
condition to determine whether or not it should be considered as a
presumptive for a service-connected disability rating. It is critical
that Congress pass legislation to direct the VA to renew its contract
with the IOM for at least another decade. Just as more research must be
conducted, so must such research be evaluated.
Fixing the VA
Oversight and Accountability
As we did for the 112th Congress, we again want to make it clear:
Funding is not the primary issue when it comes to the ever-ballooning
backlog of claims and appeals encountered by the beleaguered Veterans
Benefits Administration. We will continue to work with the VBA to
revamp the overburdened compensation and pension system, integrating
the fruits of several IT pilot projects that have shown exceptional
promise, along with competency-based testing of service representatives
and VA adjudicators and a still-evolving array of necessary reforms.
Because VA ``challenge training'' for new raters has shown
promising gains in efficiency and quality, the VA would be wise to
quickly deploy this model to all staff. This should ensure that all are
up to date on the current rules and initiatives. Also, the ``lane''
model has shown efficiency gains but is not being deployed for all
claims. Why not? This model needs to be expanded to include non-rating
claims such as adding and removing dependents, to reduce the number of
overpayment cases.
Yet for reforms to truly succeed, there must be far better
oversight of and by managers who are paid very well to administer a
system that is all too obviously not functioning as it ought to.
Management audits and assessments must be a component of annual
performance reviews that are clear, specific, and success-oriented.
There must also be focused and hard-hitting oversight by the Veterans'
Affairs Committees in both the House and Senate, as well as in the
Appropriations and Budget Committees. We have been pleased with the
progress under the leadership of Under Secretary for Benefits Allison
Hickey. She has been a breath of fresh air. Still her greatest
challenge is to upend an entrenched corporate culture long resistant to
change. She has also been daunted by certain persistent IT problems.
On a parallel track, there needs to be real accountability in the
management of the Veterans Health Administration. With Advance
Appropriations now law for a trio of the VHA's medical accounts, there
can be no excuses as to why a VA medical center fails to hire the
nurses it needs as it enters a new fiscal year, or does not purchase
the new MRI machine that its radiologists insist they must have, or
give the go-ahead for several of the small yet pivotal construction
projects that in the past would have been put off pending passage of
the budget for the next fiscal year.
VVA maintains that measures to ensure accountability must be
essential elements in funding the VA. Key to achieving this is to
significantly overhaul the system of bonuses for Senior Executive Staff
to reward only those who have taken that extra measure, who have walked
that extra mile, to ensure that what they are responsible for has been
done well, on time and within budget; and for those who innovate and
improve the systems and projects under their auspices. Bonuses should
be withheld from those who just do their job - that is, after all, why
they are handsomely paid. Those who perform poorly need to be removed
or reassigned; and any manager or supervisor who gets caught lying to a
veteran, to their supervisor, or to a Member of Congress should be
dismissed. And bonuses should be given with a caveat attached: If you
accept the bonus, you promise to stay with the VA for a given period of
time, and not just take the money and run.
Outreach
There are approximately 22 million veterans in the United States
today. Two-thirds of them never interact with the VA at all. They have,
or have had, jobs. They go to their own private physicians when they
need to. Or they may be uninsured. They have no cause to venture into a
VA medical center or regional office. Most are ignorant of the array of
benefits to which they have earned by virtue of their military service.
Even the one-third of vets who do interact with the VA's healthcare
system and/or its benefits administration are not familiar with much of
what is available to them, to their families and their survivors.
Why? Because the VA has historically done a shoddy job at best of
reaching out to America's veterans. And even if a vet goes to a VA
medical center or community-based outreach center to be treated for a
combat-related wound or injury, more often than not s/he will not be
given information directing them to apply for disability compensation
benefits through the Veterans Benefits Administration, whose computer
system does not synch with that of the Veterans Health Administration.
And still the VA and DoD keep promulgating the fantasy of a ``seamless
transition.''
The VA has an ethical obligation, as well as a legal
responsibility, to inform all veterans and their families not only of
the benefits to which they are entitled, but also about any possible
long-term health problems they may experience that might derive from
when and where they served.
It is only in the past few years, however, that the VA has begun to
take its responsibility to reach out seriously. They are customizing
benefits handbooks for every living veteran. They are opting for paid
advertising in select markets to reach targeted populations of
veterans. They are using social media to reach our youngest generation
of vets. They are attempting, at long last, to get out helpful
messages, e.g., ``If you served, you deserve.''
While Secretary Shinseki and his team are to be applauded for their
initiatives in this realm, their efforts still seem scattershot and
limited. We have yet to see a unified, strategic communications plan,
one that integrates TV and radio ads, billboards, ads and feature
stories in select popular publications, and social media. Taken
together, these can have a dramatic impact, not only in informing
veterans - and perhaps most importantly, their families - about issues
and benefits, but also in reassuring the community of veterans that the
VA really is living up to its founding principle, taken from Lincoln:
To care for him who shall have borne the battle, and for his widow, and
his orphan.
Extending the Caregivers Act
VVA supported legislation to assist family caregivers of
catastrophically wounded or injured warriors after 9/11. Just as we
saved badly - desperately, horribly - wounded troops during our war,
troops who would have died during World War II or Korea, thanks to the
bravery and the tenacity of our medevac crews and military medical
personnel at evacuation hospitals, this new generation of medevac crews
and medical personnel have been saving catastrophically wounded
warriors who would surely have died in Vietnam. Heart-rending testimony
before congressional committees by some of these surviving veterans,
and by their wives and mothers, moved Congress to pass the Caregivers
and Veterans Omnibus Health Services Act of 2010 to assist family
caregivers of catastrophically wounded or injured warriors after 9/11.
There was a caveat in this legislation: that the VA Secretary is to
report to Congress by May 2013 on how the caregiver program has been
working, and what, in his judgment, might be the efficacy of extending
the program to embrace family caregivers of veterans of Vietnam and
Somalia and the first fight with Saddam Hussain in the Persian Gulf.
When that report is completed and is delivered, will caregivers who
have given up careers to spend their lives caring for a beloved brother
or husband or father, mother or sister, whose wounds or injuries have
required constant attention so that s/he could live in a home setting
be pleased that they might receive some of the benefits of this
legislation at long last? How many caregivers of Vietnam veterans will
potentially be eligible to become part of the caregivers program? And
who in Congress will step to the plate to correct what is very clearly
a gross inequity?
Cleaning Up the CVE
The VA's Center for Veterans' Entrepreneurship is supposed to
ensure that a small business owner who claims to be a veteran, or a
disabled veteran, really is what s/he claims to be, and is therefore
eligible to bid as such on government contracts. Sounds like a
righteous and proper function of a government agency, right? Well,
right only in theory. The operation of the CVE has been charitably
characterized as a ``mess'' that is causing thousands of veteran and
service-disabled veteran small business owners to be deprived of
millions of dollars in contracting opportunities after having been
given a bureaucratic runaround and then been told that they do not
qualify as a legitimate veteran or disabled veteran-owned entity.
It has become apparent that either the regulations that govern the
operation of the CVE are fundamentally flawed or that the adjudication
process is out of control and not being properly managed.
Verifications, which had a denial rate of nearly 60 percent until VVA,
the American Legion, VetForce, and others began exposing the absurdity
of denying verification because of minor technicalities or unmistakable
errors by the VA itself, had at last count a denial rate hovering at
roughly 27 percent.
VVA seeks a verification process that is reasonable but not
intrusive. We value the integrity of this program. We want to ensure
that no wannabe crooks get verified at the expense of real disabled
veterans. If there are crooks already in the program, they need to be
identified, apprehended, prosecuted, fined, and if a judge determines
justice demands it, be sentenced to time in prison. Now, though, crooks
are not being caught, but legitimate veteran-owned businesses are in
fact being destroyed.
Clearing Up the `Backlog'
It is unconscionable for a claim for disability compensation to go
unadjudicated for two years. How about if it languishes in the great
maw of the VBA for four years? Or even longer? Far too often, claims
with this profile are the rule, not the exception. With an ever-
increasing caseload - raters handled one million-plus claims in 2011 -
the only way the VBA will be able to deal with the volume of new claims
and make even a dent in the burgeoning backlog is to put into play
those IT pilot projects that have shown that they are viable. It's time
to treat the backlog as what it is: a crisis, and attack it at its
roots.
The VBA can start by mandating that all claims without resolution
after four years get immediate attention if they are in the purview of
the VA. If they are in the courts, VA managers should work with the
administrative judge to place them at the top of the docket whenever
possible.
The VBA should do what it knows it ought to have been doing in the
first place: triaging all new claims. Relatively simple claims ought to
go through quickly, e.g., there is no reason why a simple claim for
tinnitus cannot be fast-tracked within two or three months. Claims for
the obvious, e.g., the traumatic amputation of a limb, or blindness,
also could receive an initial adjudication for the major wound;
associated or secondary conditions can be rated later.
Though the VA does have a ``duty to assist,'' it should be the
responsibility of the county or VSO service representative to deliver a
substantially developed claim. If there are seven elements to a claim,
and only four have been properly developed, perhaps part of the VA's
duty to assist ought to be to suggest that the claim should be for only
the four developed parts, with a subsequent claim for the other three
when they can be further and more fully developed.
The manner in which VBA managers ``grade'' their raters needs to be
re-examined, inasmuch as the current system puts a premium on volume,
on an increase in speed at the cost of doing it right the first time.
The result? An unacceptably high number of remands when unhappy
veterans and their advocates appeal their denials, or the amount of
their awards. What's the answer? Training not only for new raters - and
veterans' benefits representatives - but for all VBA employees involved
in the benefits side of the administration.
And the VA can do something else: They can better define
``backlog.'' With a simple graph, or set of graphs, on their web site,
that illustrate A] the total number of the `backlog' divided into
segments, e.g., claims ten years or more; five to ten years; three to
five years; 18 months to three years; nine to 18 months; six to nine
months; three to six months; under three months; B] the number from
each of these categories that have been adjudicated; C] the number of
cases appealed; with an explanation as to why cases are appealed.
The Veterans Benefits Administration has managed to cultivate a
reputation as the veterans' adversary. Under Secretary Hickey has a
long slog to at least bend the corporate culture she - and Secretary
Shinseki - have inherited for veterans to feel that the VBA just might
be their advocate.
Other Priorities and Initiatives
VVA will work to address other specific issues of concern to
veterans and our families that warrant the attention of Congress and
the American people. What follows are our most significant and, we
believe, potentially achievable legislative priorities and policy
initiatives in these areas.
PTSD and Substance Abuse
VVA shall work with Congress to take whatever measures
are deemed necessary to ensure accountability for the organizational
capacity and funding for the accurate diagnoses and evidence-based
treatments of the neuro-psychiatric wounds of war, particularly for
Post-traumatic Stress Disorder (PTSD), substance abuse, Traumatic Brain
Injury (TBI), and suicide risk.
VVA shall work with Congress to ensure that the
Departments of Defense and Veterans Affairs develop, fund, and
implement evidence-based, integrated psychosocial mental health
programs, substance abuse recovery treatment programs, and suicide risk
assessment programs for all veterans and their families, for active-
duty troops and their families, and for Reservists and members of the
National Guard who have seen service in a combat zone.
VVA shall work with Congress to ensure that DoD corrects
all wrongful diagnoses of ``personality disorder,'' ``adjustment
disorder,'' and ``readjustment disorder'' discharges of its men and
women so that all veterans found to have been inappropriately diagnosed
and discharged are correctly diagnosed and accorded access to the
benefits and care that they deserve and to which they should be
entitled.
Veterans Health Care
VVA shall insist that VA researchers focus on studies
that delve into the wounds, maladies, injuries, and traumas of military
service and war, with specific research into the health issues unique
to all U.S. military operations and troop deployments; and shall
continue to monitor the progress of the National Vietnam Veterans
Longitudinal Study (NVVLS) to ensure that is conducted to completion
without any needless delay, and that it will in fact be a true
longitudinal study and accounting of the physical and mental health and
overall well-being of Vietnam veterans, according to the protocols
established under Public Law 106-419.
VVA shall encourage Congress to mandate the VA to change
that department's overly restrictive and secretive process for adding,
or not adding, pharmaceutical treatments and drugs to its prescription
drug formulary and to bring it into line with the more transparent and
expansive formulary process used by the Department of Defense.
VVA shall continue to press the VA to research and
implement long-term care and wellness options for our country's aging
veteran cohort, a need that is only going to increase over the next
decade.
Minority Veterans
VVA urges Congress to investigate if our nation's
minority veterans are given lesser treatment for health conditions at
VA medical centers and community-based outpatient clinics (CBOCs).
VVA urges Congress to mandate that the VA provide
brochures and other information for Spanish-speaking veterans,
particularly those residing in Puerto Rico, inasmuch as many male
veterans are convinced to seek VA medical assistance by members of
their family, who may speak Spanish exclusively.
Agent Orange/Dioxin & Other Toxic Substances
VVA calls on Congress and the President to take steps to
declassify all documents from the years of the Vietnam War, including
memos between agencies, dealing with Agent Orange/dioxin and make them
public - now, almost 50 years since our government sprayed some 20
million gallons of extraordinarily toxic compounds over five million
acres of the former South Vietnam.
VVA shall continue to support legislative efforts and
other initiatives to achieve justice for naval personnel serving aboard
ships plying the waters of Yankee and Dixie Stations in the South China
Sea and the Gulf of Tonkin by getting the VA to recognize that they are
deserving of the same health and other benefits as in-country ``boots-
on-the-ground'' veterans.
VVA shall continue to advocate on behalf of the veterans
of the crews who flew C-123 transports contaminated by the remains of
the barrels of Agent Orange they once ferried into and out of Vietnam
and are now suffering some of the same peculiar health ills as are in-
country Vietnam veterans.
VVA shall request that Congress investigate why the VA
has ceased providing custodial care and/or non-medical case management
service for Agent Orange children afflicted with spina bifida and then
join us in pushing the VA to provide these vitally needed services to
these now adult children - innocent victims of a parent's military
service.
Women Veterans
VVA shall seek to ensure appropriate oversight and
accountability on all VA medical center and VISN compliance with the
performance measures defined in the VA's 2012 Handbook on Women
Veterans, and that this compliance be made a performance measure at all
VISNs and VAMCs.
VVA shall pursue legislation to enable the VA to allow
members of the National Guard and Reserve forces who experience
military sexual trauma (MST) while on drilling and battle assemblies
and during annual training to receive, without cost to them, MST-
related care from VA medical facilities.
VVA recommends that the Under Secretary for Health review
and reexamine the existing VHA policy pertaining to the authorization
of travel for veterans seeking MST- related specialized inpatient and/
or residential treatment programs outside the facilities where they are
enrolled and provide travel funding for these veterans.
VVA will pursue legislation that would reassign the
complaints of MST by a service member to be addressed outside her or
his immediate chain of command.
Homeless Veterans
VVA shall request legislation revising the VA's Homeless
Grant and Per Diem funding from a reimbursement for expenses, based on
the previous year's audited expenses to a prospective payment system
based on a proposed budget for the annual program expenses, a change
that is vitally needed if community-based organizations that deliver
the majority of these services are to operate effectively.
VVA shall request legislation establishing Supportive
Services Assistance Grants for VA Homeless Grant and Per Diem Service
Center Grant awardees and permanent authorization of the VA Homeless
Grant and Per Diem Special Needs Grants Program.
VVA shall seek legislation to amend the eligibility
criteria for veterans enrolled in the Department of Labor's Homeless
Veterans Reintegration Program (HVRP) so those veterans entering into
``housing first'' would be able to access this training for a period of
up to 12 months after placement into housing.
Incarcerated Veterans
VVA shall continue working with Congress to ensure that
veterans encountering the justice system are in fact identified as
veterans, assessed for symptoms associated with PTSD and/or TBI trauma,
and, where appropriate, are provided with alternative diversionary
treatment services.
VVA shall continue to encourage Congress to ensure that
the VA provides benefits to veterans who are temporarily confined in
jail or are incarcerated in prison.
VVA shall also continue to work with Congress to address
re-entry strategies and support transitional services for incarcerated
veterans.
Compensation & Pension
VVA shall seek legislation to secure a pension for Gold
Star parents, and shall continue to seek the permanent prohibition of
offsets of Survivors' Benefit Plan (known as SBP) and Dependency and
Indemnity Compensation (DIC) for the survivors of service members who
die while still in military service.
Absent the permanent prohibition of these offsets, VA
urges Congress to press the VA to develop guidelines that will allow
these claims to be processed within 30 days of a veteran's death, while
ancillary benefits due a claimant can be deferred and processed at a
later date.
VVA urges Congress to continue to press the VA to quickly
improve and implement its paperless claims processing system in all
Regional Offices.
To promote uniformity in claims decisions, VVA shall seek
a change in current policy which would mandate that VA staff, VSO and
county veterans' service representatives, and other stakeholders
collaborate on developing uniform training materials, programs, and
competency-based re-certification exams every three years for service
officers.
VVA shall continue to ``encourage'' the VBA to direct
raters to follow the ``best practices'' manual in determining the
degree of disability and percentage of compensation for veterans
afflicted with PTSD and other mental health disorders.
Economic Opportunity
Congress needs to continue to monitor the VA's hiring
policies to ensure that more veterans are hired by the VA to fill key
decision-making positions; hence, VVA advocates for a 50/50 ratio
within the next 10 years.
VVA shall work to ensure that there are programs in
effect to ensure that veterans returning from deployments overseas are
accorded Veterans' Preference when applying for government jobs, and
are given every advantage when seeking employment in private industry
or in seeking to set up their own business; in fact, the VA and the
OPM, the Office of Personnel Management, should be required to recruit
veterans even before they separate from the service, especially from
in-demand occupations such as IT and the healing arts.
Congress needs to act to ensure that DoD and the VA
really do work in concert to ensure that TAP, the Transition Assistance
Program, actually assists separating and/or demobilized service members
leave the military knowing most of their options for employment,
education, and entrepreneurship, and where they can seek additional
information; and it is imperative that DoD, the VA, the Department of
Labor, and other federal agencies involve the veterans service
organizations and military service organizations as integral
facilitators of this transition process.
VVA shall work with Congress and with the DOL to
significantly reform VETS, the Veterans Employment & Training Service
program that is run by the states and funded through the U.S.
Department of Labor, so that it actually matches veterans with jobs.
In a related matter, the Office of Federal Contract
Compliance (OFCCP), and the Vietnam Veterans Readjustment Act (VEVRA) ,
which are charged with helping veterans get good jobs with federal
contractors, must either be reformed wholesale or eliminated, as they
are not accomplishing helping any group get jobs with contractors and
are doing more damage than good as they manage to anger employers by
imposing arbitrary and capricious ``assessments'' on these employers
that are nothing but unwarranted fines.
POW & MIA Accounting
VVA shall continue to press for answers regarding the 314
Americans still listed as killed in action, body not recovered, in Laos
and the 54 similarly listed in Cambodia.
Although Section 1082 of the 1998 Defense Authorization
Act requires that the POW/MIA flag fly six days each year--on Armed
Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA
Recognition Day, and Veterans Day--at specified government buildings
and installations, and VVA members have been instrumental in enacting
legislation that provides for the flag to be displayed at the state,
county, and municipal level, VVA urges continued efforts to display
this symbol of American service members still missing from every war in
which we have taken up arms in defense of the freedoms we hold dear.
The Newest Veterans
VVA shall continue to question the VA to ensure that they
have adequate mental health personnel and services available to meet
the demands of this newest generation of veterans, including Reservists
and members of the National Guard, which is afflicted with mental
health issues at the same or even greater rate as we were when we
returned from ``our'' war.
VVA shall continue to promulgate and support new public
and private initiatives to create jobs for returning veterans, and to
ensure that such supportive services as mentoring programs are integral
elements in these initiatives.
As VVA applauds the work of the Senate's HELP Committee
to expose the egregious excesses of those for-profit institutions of
higher learning that have filled their own coffers at the expense of
the student veterans whose trust they have violated, VVA shall continue
to work with members of Congress, the Administration, the Consumer
Financial Protection Bureau, and any other entity that will expose the
greed and shame of these institutions.
Finally, VVA shall press the appropriate federal agencies as well
as Congress to initiate and complete adjustments to the ``In Memory
Plaque'' at The Wall here on the Mall in Washington, D.C., to include
elevating and canting the stone tablet for easier reading; adding
lighting for nocturnal viewing; and installing a brass plate that
explains the meaning and history of the plaque, which acknowledges
those who have perished in the years after the Vietnam War from causes
related to their participation in the war.
Again, on behalf of our membership, we thank you for the
opportunity to present VVA's legislative agenda and policy initiatives
for the 113th Congress, and we thank all of you for the work you are
doing on behalf of our veterans and our families.
Prepared Statement of Rear Admiral W. Clyde Marsh, USN Retired
INTRODUCTION
Mr. Chairman and distinguished members of the committee, my name is
Clyde Marsh, Director of the Alabama Department of Veterans Affairs and
President of the National Association of State Directors of Veterans
Affairs (NASDVA). I am honored to present the views of the State
Directors of Veterans Affairs for all fifty states, the District of
Columbia, and five territories: American Samoa, Guam, Northern Mariana
Islands, Puerto Rico and the Virgin Islands. Here with me today are Les
Beavers - Kentucky, past NASDVA President, and State Directors, Randy
Reeves - Mississippi, Many-Bears Grinder - Tennessee, Lonnie Wangen -
North Dakota and Matthew Cary - District of Columbia.
Nationally, we are the second largest provider of services to
veterans and our roles continue to grow. Collectively, states
contribute more than $6 billion each year in support of our nation's
veterans and their families even in the face of constrained budgets.
Our duties include honoring and working with all veterans and their
family members and the various veterans' organizations both within our
states and nationally.
We applaud the sea change at the U.S. Department of Veterans
Affairs (USDVA) in recognizing the importance of State Departments of
Veterans Affairs (SDVA) and we have a formal ``partnership'' with USDVA
through a Memorandum of Understanding (MOU) with Secretary Shinseki
signed in February 2012. The MOU pledges the two organizations to
maintain effective communications, an exchange of ideas and
information, identification of emerging requirements, and continuous
reevaluation of existing veterans' programs to meet today's needs.
As governmental agencies, State Departments of Veterans Affairs are
tasked by our respective Governors, State Boards and/or Commissions
with the responsibility to address the needs of our veterans
irrespective of age, gender, era of service, military branch or
circumstance of service. On a daily basis, State Directors and their
staffs are confronted with unique situations in caring for all veterans
and their families, which often needs to be addressed in an urgent
manner. Delivery of meaningful services and support is often best
coordinated at the local level. Collectively our state offices provide
coverage for veterans throughout the country, District of Columbia and
the territories.
FUNDING FOR VA
NASDVA appreciates the efforts of the Administration and Congress
to improve overall funding for health care, cemetery operations,
homeless veterans programs, community clinics, and claims processing.
We are serving a new generation of veterans from a decade of war who
must receive medical care, establishment of benefits and needed
assistance transitioning to civilian life after their dedicated
service. We support the $140B budget proposal for the Department of
Veterans Affairs for FY2014, which includes $64B in discretionary
funds, mostly for medical care, and $76B for mandatory funds, mostly
for disability compensation and pensions.
The full funding by Congress will provide the resources to deliver
services for the surge of newly discharged veterans as a result of
troop reductions and continue to address VA's continued three major
areas of emphasis: overall access to VA where VA should be the provider
of choice for veterans; eliminate the backlog in claims processing; and
the stated goal by Secretary Shinseki of eliminating homelessness among
veterans. Another ongoing challenge is to meet the critical demand for
mental health services which needs continued funding and focus,
particularly in light of the Traumatic Brian Injury (TBI) and Post
Traumatic Stress Disorder (PTSD) injuries from Iraq and Afghanistan.
Likewise, there should be increased funding to veterans' healthcare in
rural areas and employment opportunities for returning veterans.
OUTREACH AND TRANSITION
NASDVA strongly supports continued efforts to reach out to
veterans. We believe all veterans, regardless of where they reside,
should have equal access to federal and state benefits and services and
that federal and state governments must collaborate to achieve this
goal nationally. Many areas of the country are still underserved due to
veterans' lack of information and awareness of their benefits. This
directly impacts their access to VA services. The USDVA and SDVA must
continue to work together to reduce this inequity by reaching out to
veterans regarding their earned benefits. NASDVA urges implementation
of a grant program that would allow VA to partner with the states to
perform outreach at the local level.
Comprehensive databases that have retrievable data elements from
the service members' records can provide the capability to target
specific segments of the veteran population. This capability would
allow for outreach to meet different categories of veterans e.g. war
era, geographic exposure, etc. and also to connect with veterans with
special needs, illnesses, and disabilities e.g. Agent Orange, burn pit
exposure, and radiation. We need funding to create pilot programs for
development of such detailed state databases.
We commend VA for their commitment to improve responsive and
efficient delivery of benefits and services to returning Iraq and
Afghanistan combat veterans. They are the benefactors of better
awareness of available benefits for themselves and their families and
the improved process for receiving them. We agree that DoD should be
responsible for the physical examination for fitness to serve and VA
should be responsible for determining the disability rating. Likewise,
steps should be taken to make disability processing less confusing,
eliminate payment inequities, and provide a foundation with appropriate
incentives for injured veterans to return to a productive life.
The joint DoD/VA Integrated Disability Evaluation System (IDES)
pilot should be further expanded. We support the efforts of Congress to
have medical advocates to help wounded warriors mitigate the confusing
array of paperwork and procedures. SDVA support the collaborative
efforts being taken among federal agencies to improve the timeliness,
ease of application, and delivery of services and benefits, and
strongly encourage the VA and DoD to use the states to assist them in
these efforts. DoD should develop a formal program that would provide
SDVA with the names of returning service members in order for states to
connect veterans to all federal and state benefits and services.
NASDVA supports the recommendations of the Veterans Disability
Benefits Commission to streamline the delivery of disability benefits
by updating the VA Rating Schedule, realigning the DoD/VA process for
rating disabilities, and developing and implementing new criteria
specific to rating Post-Traumatic Stress Disorder (PTSD).
State Directors have clearly witnessed how employment is essential
to a successful transition from uniformed service to civilian status.
Future legislation must preserve the Veterans Employment and Training
Service (VETS) state grants program. The states need the flexibility to
determine how best to integrate the Disabled Veteran Outreach Program
Specialists/Local Veterans Employment Representatives (DVOP/LVER) into
their state employment service delivery systems. The move of the VETS
program in Texas to the Texas Veterans Commission has been highly
successful and serves as a good example. We believe DVOP/LVER personnel
are being under-utilized in their ability to assist veterans and we
recommend Congress and DOL allow DVOP/LVER staff to work with the SDVA
offices to offer veterans benefit information in addition to the
employment and training duties. We strongly believe that LVERs and
DVOPs should not only provide employment and reemployment assistance
and also make appropriate referrals for veterans to receive benefits
counseling, education and healthcare information.
We commend the Administration's renewed emphasis on hiring veterans
for federal employment and both DoL and DoD need to continue to promote
awareness of the provisions and benefits under the Uniformed Services
Employment and Re-employment Rights Act (USERRA).
VETERANS HEALTHCARE BENEFITS AND SERVICES
State Directors actively support increasing veterans' access to VA
Healthcare. This involves being engaged with the VA Medical Centers on
establishing and locating additional Community-Based Outpatient Clinics
(CBOC) including Tribal Reservations with mental health services,
expansion of Vet Centers, the deployment of mobile health clinics, and
the use of tele-health services where appropriate. We applaud the
efforts by VA to address the particular issue of healthcare for women
veterans, military sexual trauma, and veterans residing in rural areas.
Future healthcare funding is crucial to expand outreach and access to
include tele-health, tele-home health and tele-medicine. Likewise, we
support VA contracting out some specialty care to private sector
facilities where access for the veteran is difficult.
VA Research and Development needs to focus on enhancing the long-
term health and well-being of the veteran population particularly the
conditions such as Gulf War Syndrome, PTSD, and the effects of TBI.
Attention must still be given to the continued funding support of the
large capital projects identified in VA's Strategic Capital Investment
Plan (SCIP) while maintaining and addressing the backlog in O&M needs
in VHA's large and aging infrastructure.
We support initiatives to ensure that all of our wounded warriors
who suffer from TBI and PTSD have access to the most advanced and
current treatment options available regardless of their military
status. There should be expanded screening for PTSD among all combat
veterans. We share the concern about the mental health of service
personnel, especially the number of suicides and long-term effects of
PTSD. We appreciate the proactive steps such as the suicide hotline and
addressing the underlying causes for suicide; however, more still needs
to be done since the suicide rates are high and exceed even current
combat causalities.
NASDVA recommends an in-depth examination of long-term care and
mental health services to include gap analysis clearly identifying
where services are lacking. Any study should include consultation with
SDVA.
STATE VETERANS HOMES
The State Home Grant and Per Diem Program is the largest and most
important partnership between the SDVA and USDVA. State Veterans Homes
(SVH) are a critical component of long-term healthcare for veterans and
a model of cost-efficient partnership between federal and state
governments. SVH are the largest provider of long-term care to
America's veterans providing a vital service to elderly and disabled
veterans with skilled nursing, domiciliary, and adult-day health care
services. There are 145 operational state veterans' homes in 50 states
and the Commonwealth of Puerto Rico. In fact, state homes now provide
52 percent of all VA authorized long-term care with over 31,000 beds.
World War II, Korean War and now the Vietnam veterans are rapidly aging
out. With over 1.4 million veterans now over the age of 85, this
partnership is critical in meeting the individual veterans' needs for
nursing care.
NASDVA and the National Association of State Veteran Homes (NASVH)
have actively advocated for the principle that veterans in our homes
are entitled to the same level of support from VA as veterans placed in
VA community contract nursing homes. SVH's sole focus is on veterans
and providing them high quality of care, which makes it the best choice
and most cost effective. Both national associations have been engaged
with Congress to demonstrate program needs and level of funding
support. We have maintained that the benefit is to the veteran,
regardless of where they choose to receive their care.
NASDVA and its members sincerely appreciate the support and close
coordination of Congress and specifically, the Veterans Affairs
Committees and staff, in the successful implementation (in less than
180 days) of PL 112-154 (State Veterans Home Per Diem for 70% and S/C
Veterans) and the resultant Interim Final Rule, RIN 2900-A057, that
took effect on February 2, 2013. The coordination and cooperation on
this issue between Congress, NASDVA and USDVA will benefit our veterans
for many years to come. As the Final Rule process goes forward, there
is still work to be done. We ask your continued support in ensuring
that veterans do not forfeit (under the final rule) any eligibility for
VA benefits and programs for services, prosthetic devices and specialty
care that are not routinely provided at the Nursing Home Care level.
Additionally, we have addressed (through the comment process with
USDVA) the issues of reimbursement for extraordinarily high drug costs
and clarification of circumstances for reimbursement of physicians'
services for 70% program veterans in our State Veterans Nursing Homes.
Your continued support in this process is key to the program's
continued success and the future care of our veterans.
Congress should appropriate sufficient funding to keep the existing
backlog of projects in the State Extended Care Facilities Construction
Grant Program at a manageable level to assure life safety upgrades and
new construction. In order to keep the priority group 1 list of 74
projects ($257M) from growing to further unacceptable levels,
sufficient funding is essential for the SVH Construction Grant and Per
Diem Program of at least $100M in lieu of the $85M requested.
VETERANS BENEFITS SERVICES
NASDVA recommends a greater role for SDVA in the overall effort to
manage and administer claims processing, regardless of whether the
state uses state employees, nationally chartered veterans service
organizations (VSO) and/or county veterans service officers (CVSO).
Collectively, we have the capacity and capability to assist the
Veterans Benefit Administration (VBA). Additionally, a collaborative
effort should take place on the establishment of standards for
training, testing, and accrediting the CVSO to include continuing
education and performance standards. We can support VA in their ``duty
to assist'' without diminishing our role as the veterans' advocate.
Access to VBA data systems and uniform paperless claims software
would enhance service officer integration in the delivery of benefits
services to veterans. NASDVA applauds and strongly supports VBA's
development of the electronic claims processing system (VBMS) and its
current deployment at 20 stations and for all 56 stations by end of
2013. This major program will directly address the concerns for the
claims backlog. NASDVA fully supports VBA's transformation plan to
address the claims backlog in a systemic way and for the long term.
Using a digits-to-digits approach will further the paperless process
capabilities of VA by creating a data exchange for claims assimilation
directly from State Service Officers, VSOs and VA. This will allow
claims with supporting documents to be submitted digitally, enabling
the claim to be automatically established and available to be worked.
Several states have already developed their own paperless claims
processing systems. In an effort to support VBA's design, NASDVA has
formed an IT Task Force of five states (VA, CA, KY, SD, and UT) to work
directly with VBA on integration of state systems with VBMS.
Each state strives to fulfill the mission of identifying and
connecting veterans to their benefits. Several states are developing a
claims management database for their veteran population, which includes
a scanned image of the DD 214s.
We continue to be concerned that the census does not count veterans
or disabled veterans other than through the Americas Community Survey,
which only samples ten percent of the population and is not a hard
count. We urge the Congress to mandate counting of veterans in the next
census.
Nineteen SDVAs have direct responsibility of the State Approving
Agency (SAA) program. In 2006, the SAAs secured a mandatory funding
model to ensure their programs would have sufficient funding each year.
With the important passage of the Post-9/11 GI Bill, the SAAs' mission
expanded with more compliance requirements but no additional resources.
Without adequate resources, SAAs report that it is harder to
sufficiently monitor and assess all academic programs under their
purview. The SAAs are one of the only ways USDVA can make an informed
decision on approval and disapproval of academic programs for the G.I.
Bill. NASDVA recommends the funding structure commensurate with SAA's
responsibility be reviewed.
State Directors have been receiving strong opposition to the order
of precedence for the new Distinguished Warfare Medal established by
DoD. We are in agreement with the Veterans Service Organizations in
support of the medal but that it should not be above the Bronze Star
and/or Purple Heart.
BURIAL AND MEMORIAL BENEFITS
The State Cemetery Grant Program is a complementary and integral
part of National Cemetery Administration's (NCA) ability to provide
burial services for veterans and their eligible family members,
especially those living in rural areas. State, territory and tribal
cemeteries expand burial access and support the NCA goal of providing
burials to 94% of all veterans in a 75-mile radius by the end of 2013.
There are currently 88 cemeteries located in 43 states and territories
including tribal trust lands, Northern Mariana Islands, and Guam. This
level of commitment will provide for over 31,000 interments in FY2013.
We recommend that in the FY2014 budget proposal of $46M for the
grant program be increased to at least $50M. This modest increase would
help address the 95 grant applications that have been submitted for
funding. Of the 95 applications, there are 70 projects where the states
and the Pine Ridge Sioux tribal government have certified as meeting
the matching architectural and engineering (A&E) funds, which will be
reimbursed following grant award. They have already borne the costs
associated with the acquisition of suitable land, which is not
reimbursable. The current estimated value of the 70 projects is
approximately $162.3M. The second tier of 25 applications, without
matching A&E funds, brings the estimated total of all pending
applications to $276.5M.
The $50M would allow for timely progression and orderly development
without creating a backlog of projects. With a lack of sufficient
funding, even though a small increase over the budget submission will
result in denying some veterans and eligible family members a final
resting place and lasting memorial to commemorate their service to our
nation.
NASDVA appreciates the legislation that increased the plot
allowance to $700 with subsequent adjustments based on the CPI. The
plot allowance assists states to offset operational costs and achieve a
high level of professional burial service as well as to gain and
maintain standards of appearance commensurate with NCA National Shrine
status.
NASDVA supports the rural initiative by NCA for National Veteran
Burial Grounds. It will allow NCA to reach underserved veterans in
rural areas where the veteran population is less than 25,000 within a
75-mile radius service area. Rural lots do not qualify for a national
cemetery and the construction of a state cemetery is not likely.
Initially, the VA plan will establish a national cemetery presence
within public or private cemeteries in eight states: Idaho, Maine,
Montana, Nevada, North Dakota, Utah, Wisconsin and Wyoming. NCA
estimates an additional 136,000 veterans will have access to a burial
option. NASDVA recommends that further analysis be conducted to
determine if other states or territories could be affected by this new
policy.
Overall, NASDVA applauds NCA for their consistent high customer
satisfaction ratings for the appearance of national cemeteries and the
quality of service. And most importantly, NASDVA appreciates their
collaborative partnership with states, territories and tribal
governments.
HOMELESSNESS AMONG VETERANS
NASDVA applauds the policy by the Secretary of Veterans Affairs for
ending homelessness among veterans. States will continue to develop and
support outreach programs that assist VA in this high priority effort,
particularly in identifying those veterans that are homeless and
programs to prevent homelessness. As partners with USDVA, we are
focusing on addressing the multiple causes of veterans' homelessness
e.g. medical issues (mental and physical), legal issues, limited job
skills, and work history. We appreciate the increased funding for
specialized homeless programs such as Homeless Providers Grant and Per
Diem, Health Care for Homeless Veterans, Domiciliary Care for Homeless
Veterans, and Compensated Work Therapy. It is vital to continue VA's
partnership with community organizations to provide transitional
housing and the VA/HUD partnership with public housing authorities to
provide permanent housing for veterans and their families.
We know that many stages of homelessness exist and likewise we know
that many factors contribute to our nation's homelessness among
veterans. Contributing factors are alcohol- drug abuse, mental health
issues, PTSD, lack of jobs as well as the courts and corrections
system. To eliminate chronic homelessness we must surround the problem
and address the many root causes by providing the necessary mental
health and drug treatment programs to include jobs and employment
training. These collective programs must be adequately staffed and
fully funded in the current and future budget. Another revolving door
that appears to increase the rolls of homelessness among veterans is
the burdened courts and corrections system.
VETERANS TREATMENT COURTS
The States recognize an increase in justice-involved veterans,
especially in the time shortly after discharge. Veterans are returning
to a civilian world where unemployment is on the rise, financial
institutions are failing, and families are torn apart. After discharge,
many veterans suffer from severe mental and emotional problems that
result in behaviors that are disruptive and often criminal in nature.
To care for these veterans in a very specific way, States are
establishing Veterans Treatment Courts (VTCs) to offer these veterans
an opportunity at a second chance, as well as appropriate treatment and
accountability.
VTCs are specialty courts that provide diversionary programs for
veterans who find themselves justice involved. In addition to the
pretrial diversionary methods offered, veterans are also evaluated for
Federal VA benefits to include substance abuse treatment and mental
health wellness. This aspect cuts costs for local jurisdictions that
traditionally are required to pay for this expensive, specialized care.
The accountability element given by mentoring veterans makes the VTC a
unique, successful program that rehabilitates veterans to the civilian
world.
Currently, the Bureau of Justice Assistance (BJA), in conjunction
with the National Drug Court Institute (NDCI), offers orientation and
training to jurisdictions interested in establishing VTCs. States can
apply for these training opportunities through the veterans Treatment
Court Planning Initiative (VTCPI), which sends groups to key VTCs to
observe and learn. These training grants are limited and only a few
groups can attend every year. The States respectfully request support
for increased funding to the BJA so more jurisdictions can participate.
Additionally, increased funding for multi-year grants to aid
jurisdictions in the establishment and sustainment of VTCs is needed.
More VTCs means more direct help for veterans.
CONCLUSION
Mr. Chairman and distinguished members of the VA committees, we
respect the important work that you are doing to improve support to
veterans who answered the call to serve our great country. State
Directors of Veterans Affairs remain dedicated to doing our part, but
we urge you to remember the increasing financial challenge that states
face, just as you address the fiscal challenges at the national level.
I would like to emphasize again, that we are ``partners'' with federal
VA in the delivery of services and care to our nation's patriots. State
Directors are veterans' advocates and perform as congressional
emissaries that help veterans receive support and essential benefits
they have earned through their honorable service.
Thank you for including NASDVA in these very important hearings.
Prepared Statement of MG Gus Hargett
As President of the National Guard Association of the United
States, I thank you for the honor of appearing before you today and for
all that you are doing for our veterans
Background - Unique Citizen Service Member/Veteran
The National Guard is unique among components of the Department of
Defense in that it has the dual state and federal mission. While
serving operationally on Title 10 active duty status in Operation Iraqi
Freedom or Operation Enduring Freedom , National Guard units are under
the command and control of the President. However, upon release from
active duty, members of the National Guard return to their states as
both veterans and serving members of the Reserve Component but under
the command and control of their governors. As members of a special
branch of the Selected Reserves they train not just for their federal
missions but for their potential state active duty missions such as
fire fighting, flood control and assistance to civil authorities in a
variety of possible disaster scenarios.
While serving in their states, members are scattered geographically
with their families as they hold jobs, own businesses, or pursue
academic programs and participate actively in their communities.
Against this backdrop, members of the National Guard remain ready to
uproot from their families and civilian lives to serve their governor
domestically or their President in distance parts of the globe as duty
calls and to return to reintegrate within the same communities when
their missions are accomplished.
Military service in the National Guard is uniquely community based.
But the culture of the National Guard remains little understood outside
of its own circles. When the Department of Defense testifies before
Congress stating its programmatic needs, it will likely recognize the
indispensable role of the National Guard as a vital Operational Force
in the Global War on Terror but it will say little about and seek less
to redress the benefit disparities, training challenges and unmet
medical readiness issues for National Guard members and their families.
We continue to ask that these disparities be given a fresh look with
the best interests of the National Guard members and their families in
mind.
NGAUS in concert with The Military Coalition has long sought
legislation authorizing veteran status under Title 38 for National
Guard and Reserve members of the Armed Forces who are entitled to a
non-regular retirement under Chapter 1223 of 10 USC but were never
called to title10 active service other than for training purposes
during their careers - through no fault of their own.
Many members of Congress may not know that a reservist can complete
a full Guard or Reserve career but not earn the title of ``Veteran of
the Armed Forces of the United States,'' unless the member has served
on Title 10 active duty for other than training purposes.
Drill training, annual training, and title 32 service responding to
domestic natural disasters and defending our nation's airspace, borders
and coastlines do not qualify for veteran status.
Reserve- component members who served 20 years gave the government
a blank check to send them anywhere in the world but through no fault
of their own were never deployed or in some cases even allowed to be
deployed.
Yet, an active-duty member whose entire short- term enlistment tour
is spent in less rigorous domestic assignments to domestic posts and
bases on Title 10 status will fully qualify, not just for veterans
status, but for all veterans' benefits. This disparity is unfair and
must end.
H.R. 679 would not bestow any benefits other than the honor of
claiming veteran status for those who honorably served and sacrificed
as career reserve component members but were never ordered to Title 10
active service. They deserve nothing less than this recognition.
Authorizing veteran status for career RC service would substantially
boost the morale of the RC without a cost consequence.
Opposition to this bill in the past has been grounded in a myth
that passage would open the floodgates of new veteran benefits for this
group. That is just not the case or even allowable under the law. H.R.
679 explicitly guards against this possibility. Moreover, ``pay go''
laws in effect bar the default triggering of any new entitlements. It
is time to move past the unfounded ``camel's nose under the tent'' fear
that has held back this legislation.
Correct a disproportionate denial rate for Reserve Component claims
for disability benefit compensation by providing National Guard and
Reserve veterans of the Global War on Terror with a presumption of
service connection for certain injuries
According to Veterans Administration statistics published in May
2012, it is denying adjudicated disability benefit compensation claims
for Reserve Component (RC) Global War on Terror at four times the rate
of active duty GWOT veterans according to a published VA May 2012
report.
Years of neglect in the Office of the Secretary of Defense with the
demobilization process for RC members returning home from GWOT
deployment and the inadequate capturing of theater medical records for
the RC have come home to roost.
Area theater commands in Operation Iraqi Freedom and Operation
Enduring Freedom did not establish a reliable method for preserving in
-theater records of the RC. Congress heard testimony during the peak
years of OIF in 2007 that some medically evacuated RC members sometimes
returned stateside with medical records resting on their supine chests.
Moreover, too many members of the Guard and Reserve have been
allowed to slip through the medical cracks at demobilization stations
resulting in widespread under identification of service connected
injuries at that critical separation point.
A variety of reasons were at play to include inadequate screening
by medical personnel at the demobilization site; the reluctance of
returning members to report disabling injuries at distant
demobilization sites to avoid the risk of further separations from home
after lengthy deployments; or simply the late onset of symptoms after
discharge from exposures to chemical hazards, traumatic brain injury or
post traumatic stress disorder.
The six most frequent injuries for which the VA awards disability
benefit compensation are tinnitus; back or cervical strain; PTSD; leg
flexion limitations; degenerative spinal arthritis; of the spine; and
migraine. Service connection presumptions for these injuries presented
for RC GWOT veterans would mitigate the inequity.
The issues of veterans' unemployment and mental health maintenance
cannot be separated. Before veterans can maintain gainful employment in
a challenging job environment, they must be able to maintain a healthy
mental status and establish supportive social networks.
In 2007, the Rand Corporation published a study titled, ``The
Invisible wounds of War.'' It found that at the time 300,000 veterans
of Operation Iraqi Freedom and Operation Enduring Freedom suffered from
either PTSD or major depression. This number can only have grown after
five more years of war. The harmful effects of these untreated
invisible wounds on our veterans hinder their ability to reintegrate
with their families and communities, work productively, and to live
independently and peacefully.
Rand recommended that a network of local, state, and federal
resources centered at the community level be available to deliver
evidence-based care to veterans whenever and wherever they are located.
Veterans must have the ability to utilize trained and certified
services in their communities. In addition to training providers, the
VA must educate veterans and their families on how to recognize the
signs of behavioral illness and how and where to obtain treatment.
VA and Vet Center facilities are often located hundreds of miles
from our National Guard veterans living in rural areas. Requiring a
veteran, once employed, to drive hundreds of miles to obtain care at a
VA facility necessitates the veteran taking time off from work for
reasons likely difficult to explain to an employer. The VA needs to
leverage community resources to proactively engage veterans in caring
for their mental health needs in a confidential and convenient manner
that does not require long distance travel or delayed appointments.
To facilitate the leveraging of mental health care providers in our
communities, the VA can actively exercise its authority to contract
with private entities in local communities, or creatively implement a
voucher program that would allow our veterans to seek fee-based
treatment locally outside the brick and mortar of the veterans
Administration facilities and even Vet Centers.
The Vet Center in Spokane for example serves an area as big as the
state of Pennsylvania. It is not practical for veterans in this
catchment area to drive hundreds of miles to seek counseling or
behavioral clinical care. That Vet Center pre -screens fee- based
providers to whom it will refer veterans for confidential treatment in
its management area. It also monitors the process to make sure the
veteran is actually receiving care paid for by the Vet Center. This
system already works. However, a voucher process would improve
efficiencies by relieving the Vet Center of its scheduling burden by
allowing the veteran to directly make his or her own appointment with
providers as needed.
The VA and Vet Centers also need to fully leverage existing state
administrative mental health and veteran networks. Working with the
state mental health care provider licensing authorities, community
providers certified by the VA or Vet Center to treat veterans could be
identified at the state agency level with vouchers to pay for
treatment.
Several of our veterans have fallen through the cracks of the VA
health care system, and will continue to do so. According to the
Vietnam Veterans of America, last year only 30% of our veteran
population had enrolled in VA medical programs. Many veterans end up in
the care of state social service programs in cooperation with state and
national veteran organizations. The VA has the authority to assist in
maintaining this safety net of care for veterans in a stressful
economic climate for our states with a voucher program or expanded
contracting with private entities. It needs to act.
We must proactively address an unemployment rate in excess of 20 %
for serving members of the National Guard and Reserve. Anecdotally, we
continue to hear that employers will find subtle ways to avoid hiring a
serving member of the Guard or Reserve in order to avoid disruptions to
the workplace from deployment related absences. Although technically be
a violation of the Uniformed Services Employment and Reemployment
Rights , it is impossible to prove in most cases.
Although the unemployment rate for returning veterans is lower than
the national average, the National Guard Bureau late in 2012 has
reported the unemployment rate for the Army National Guard to be
greater than 20 %- much higher than the national average of 7.8 percent
reported at the end of 2012.
California reports that no CA National Guard company or brigade
returning from deployment during the last three years has had an
unemployment rate less than fifty percent (50%).Some units returning
from deployment in 2012 reported their unemployment rate to be in
excess of 60 %.
Although USERRA prohibits hiring discrimination against members of
the Reserve Components by reason of their ongoing military service,
acts of discrimination when they occur are often impossible to prove.
When an employer has a choice of hiring a veteran no longer serving
in the Select Reserve or a veteran or non veteran still serving in the
Guard or Reserve, the employer would most likely hire the non serving
veteran to remove the risk of a deployment that can disrupt the
workplace.
Members of the National Guard and Reserve should not face
discrimination in the hiring process particularly from federal
government employers. Currently veterans receive hiring preference
points from federal agencies. Because National Guard members are in a
much worse employment fix that is likely to continue, federal agencies
need to help address this by awarding separate preference points to
serving members of the National Guard and Reserve.
Thank you again for the honor of appearing before you today and for
what you are doing for our National Guard veterans who are still
serving and for those who have separated. They have benefited greatly
from your efforts. Thank you.
Materials Submitted For The Record
Anthony A. Wallis, Legislative Director/Director of Government Affairs,
Association of the United States Navy
The Association of the United States Navy
The Association of the United States Navy (AUSN) continues its
mission as the premier advocate for our nation's Sailors and Veterans
alike. Formerly known as the Naval Reserve Association, which traces
its roots back to 1954, AUSN was established on 19 May 2009 to expand
its focus on the entire Navy. AUSN works for not only our members, but
the Navy and Veteran community overall by promoting the Department of
the Navy's interests, encouraging professional development of officers
and enlisted and educating the public and political bodies regarding
the Nation's welfare and security.
AUSN prides itself on personal career assistance to its members and
successful legislative activity on Capitol Hill regarding equipment and
personnel issues. The Association actively represents its members by
participating in the most distinguished groups protecting the rights of
military personnel. AUSN is a member of The Military Coalition (TMC), a
group of 34 associations with a strong history of advocating for the
rights and benefits of military personnel, active and retired. AUSN is
also a member of the National Military Veterans Alliance (NMVA) and an
associate member of the Veterans Day National Committee of the
Department of Veterans' Affairs (VA).
The Association's members include Active Duty, Reserve and Veterans
from all fifty states, U.S. Territories, Europe and Asia. AUSN has 81
chapters across the country. Of our over 22,000 members, approximately
80% are Veterans. Our National Headquarters is located at 1619 King
Street, Alexandria Virginia and we can be reached at 703-548-5800.
Contact Information:
National President: DKCM Charles Bradley, U.S. Navy (Ret.),
[email protected]
Executive Director: RADM Casey Coane, U.S. Navy (Ret.),
[email protected]
Legislative Director: Mr. Anthony Wallis, [email protected]
Summary
Chairmen, Ranking Members and Members of the House and Senate
Veterans' Affairs Committee, the Association of the United States Navy
(AUSN) thanks you and your Committee for the work that you do in
support of our Navy, retirees and veterans as well as their families.
Your hard work has allowed significant progress in creating legislation
that has left a positive impact on our military community.
Last year, in 2012 alone, AUSN was pleased to see passage and
implementation of legislation in the areas of Employment, Transition/
Reintegration, Concurrent Receipt, Healthcare and Education. Bills such
as H.R. 4155, the Veteran Skills to Jobs Act, H.R. 1627, the Honoring
Veterans and Caring for Camp Lejeune Families Act, H.R. 4114, the
Veterans Compensation Cost-of-Living-Adjustment (COLA) Act, H.R. 4057,
the Improving Transparency of Education Opportunities for Veterans Act,
and S. 322, the Dignified Burial of Veterans Act. These bills, and
others that passed into law last year, show the commitment and
determination of Members of this Committee as well as Congress to
improving the lives of those who have served our country.
As part of a larger Veteran community, AUSN recognizes the many
challenges ahead, especially with the upcoming release of the
President's Fiscal Year 2014 (FY14) Budget Request. Though some changes
must be made in these fiscal times, we must consider what is fair to
our Veterans given the promises that were made to them when they
pledged to serve their communities and their country. Of great concern
amongst our membership and Veterans are the impacts of an additional
Continuing Resolution (CR) for the remainder of Fiscal Year 2013 (FY13)
and what the implementation of the sequester will have upon the
military and Veteran community. Although AUSN was pleased that military
personnel and programs administered by the Department of Veterans
Affairs (VA) are largely exempt from sequestration, based off of last
year's decision by the Administration, there is uncertainty as to other
impacts the sequester may have upon current and former military
servicemembers and beneficiaries, most notably effects to the current
Defense Health Program (DHP), U.S. Court of Appeals for Veterans
Claims, Department of Labor (DOL)- Veterans Employment and Training
funding and the Federal jobs that will be lost, affecting Veterans, for
example, which constitute a large portion of the Federal work force.
AUSN is pleased to see discussions underway to address concern for the
impact of sequestration and what effect it might or might not have on
the VA. In regards to the CR, AUSN is greatly concerned with the heavy
cuts that are already being implemented in the VA's budget this fiscal
year from the current CR and what the impact would be for a second CR
on crucial programs to our Veteran community.
The Association of the United States Navy, working with its
members, Veterans and alongside other Veteran Service Organizations
(VSO's), The Military Coalition (TMC) and other partner associations,
has devised its Legislative Objectives/ Priorities as described below
that we would like both the House and Senate Veterans' Affairs
Committees to consider.
Veterans' Healthcare
AUSN was pleased to see that all VA programs were exempt from
sequestration and that vital healthcare needs of our Veterans are going
to continue to be provided. In addition, AUSN was encouraged to see in
Section 723 of the Fiscal Year 2013 (FY13) National Defense
Authorization Act (NDAA), that the Secretary of Defense and Secretary
of Veterans Affairs, ``shall jointly enter into a understanding
providing for the sharing of the results of examinations and other
records on members of the Armed Forces that are retained and maintained
with respect to the medical tracking system for members deployed
overseas.'' This measure seeks to increase the sharing of medical
records and information between the two agencies. AUSN supports the
increased and improved communication between DOD and the VA, as our
overseas contingency operations draw-down and a new generation of
Veterans will need to be taken care of. Studies have shown that since
October 2001, approximately 1.6 million U.S. troops have been deployed
for Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).
Early evidence suggests that many returning service members may be
suffering from Post-Traumatic Stress Disorder (PTSD) and depression.
Traumatic Brain Injury (TBI) is also a major concern. The sharing of
vital healthcare and mental health documents between the two agencies
will ensure continuity of care to our servicemembers and Veterans
during the forthcoming draw-downs.
Agent Orange
The Veterans' Affairs Committee has a longstanding working
relationship with veterans and the effects of Agent Orange on the
health of Vietnam Veterans. Once classified in the early 1980's as a,
``minor acne condition,'' Agent Orange has been thoroughly studied, and
it has been determined that its exposure to our servicemembers has
caused severe illnesses such as various forms of cancer, Parkinson's
Disease, Lymphoma and many others. During the Vietnam War, the United
States military sprayed more than 19 million gallons of various
``rainbow'' herbicide combinations, but Agent Orange was used most
often. The name ``Agent Orange'' came from the orange identifying
stripe used on the 55-gallon drums in which it was stored from 1962 to
1971, used to remove trees and dense tropical foliage that provided
enemy cover. Often times, U.S. Navy and Coast Guard vessels were in the
vicinity of disbursement of these chemicals.
The Navy and Marine Corps Manual (SECNAVINST 1650.1H) defines the
area in which a ship must have operated during this time period as
follows; ``water areas from a point on the east coast of Vietnam at the
border of Vietnam with China southeastward to 21N, 108-15E, thence
southward to 18N, 108-15E; thence southeastward to 1-30N, 111E; thence
southward to 11N, 111E; thence southwestward to 7N, 105E; thence
westward to 7N, 103E; thence northward to 9-30N, 103E; thence
northeastward to 10-15N, 104-27E; thence northward to a point on the
west coast of Vietnam at the border of Vietnam with Cambodia.''
Veterans, who served aboard U.S. Navy and Coast Guard ships operating
on the waters of Vietnam between 9 January 1962, and 7 May 1975, may be
eligible to receive VA disability compensation for 14 medical
conditions associated with presumptive exposure to Agent Orange.
With the passage of the Agent Orange Act of 1991, the Secretary of
Veterans Affairs was issued the power to declare certain illnesses
``presumptive'' to exposure to Agent Orange, enabling Vietnam Veterans
to receive disability compensation for their related conditions.
However, a declaration by the VA in 2002 limited the scope of the Act
to only those veterans who could provide proof that they served in
land, including troops on the ground and riverine Naval personnel. As
such, Blue Water Navy Veterans serving off the coast must file
individual VA claims to restore their benefits. However by 2009, over
32,880 such claims were denied.
AUSN was pleased, in 2011, when the VA released an updated list of
U.S. Navy and Coast Guard ships that were confirmed to have operated on
Vietnam's inland waterways, docked on shore, or had crewmembers sent
ashore. This list, which can be found on the VA's website at http://
www.publichealth.va.gov/exposures/agentorange/shiplist/index.asp, can
assist Vietnam Veterans in determining potential eligibility for
compensation benefits. However, on 26 December 2012, the Secretary of
Veterans Affairs, General Eric Shinseki, announced that findings from
an Institute of Medicine (IOM) report determined that the evidence
currently available does not support the establishment of presumption
of exposure to herbicides for Blue Water Navy Vietnam Veterans. The
report, titled, ``Blue Water Navy Vietnam Veterans and Agent Orange
Exposure,'' was a culmination of extensive research that included
interviews with Vietnam Navy Veterans, as well as examinations of peer-
reviewed literature, exposure and transport modeling, ship deck logs
and other governmental documents, found that, at this time, there is
insufficient evidence to determine whether Blue Water Navy Veterans
were exposed to Agent Orange-associated herbicides during the Vietnam
War. The IOM report, released in May 2011, did validate the Royal
Australian Navy study recognizing the possibility of exposure by Blue
Water Navy Vietnam Veterans but did not have sufficient evidence to
determine how far the dioxin drifted and concluded that the final
decision would have to be either a policy or legislative determination.
General Shinseki did, however, reiterate the fact that any Blue
Water Navy Vietnam Veteran who wishes to make a claim based on
herbicide exposure will still have their case reviewed, and the VA will
continue to review all Blue Water Navy Vietnam Veteran Agent Orange-
associated claims on a case-by-case basis. As a result, Blue Water Navy
Vietnam Veterans, and many others, must undergo an extremely arduous
process to ``prove'' the exact same conditions their Army, Marine
Corps, Air Force and Brown Water Navy counterparts are experiencing.
This process includes Vietnam-Era Sailors performing their own
individual research to determine if their ship qualifies for
compensation. Instructions on researching ships to see if they qualify
for Agent Orange compensation are at http://www.publichealth.va.gov/
exposures/agentorange/shiplist/not-on-list.asp. The link to research a
ship on the VA website immediately directs the visitor to the call
support number and generic email at the National Archives and Records
Administration (NARA) in College Park, MD, where the NARA research
process can be tedious, as the turnaround time to get information is
long and requires NARA researchers to review ship logs for Sailors.
AUSN is advocating for better methods of research available to Sailors
who are voicing frustration and cannot wait such a long period to hear
on their qualification results. Possible options AUSN hopes the
Committee will explore include digitizing ship logs at NARA and
coordinating with the VA to ensure that Blue Water Vietnam Veterans can
conduct quick research at VA Centers around the country, or have these
logs available for public research online. These measures would
eliminate NARA as the `middle man' in order to process claims quickly
and efficiently.
AUSN encourages the House and Senate Veterans' Affairs Committee to
continue its work on the Agent Orange issue and support hearings and
further actions on pending legislation, such as H.R. 543, the Blue
Water Navy Vietnam Veterans Act, introduced by Representative Chris
Gibson (R-NY-19). This bill would amend Title 38, to clarify
presumptions relating to the exposure of certain Veterans who served in
the vicinity of the Republic of Vietnam, as well as to help alleviate
the backlogged Agent Orange claims.
Mental Health Treatment and Professional Development
AUSN was pleased that the FY13 NDAA was signed into law on 3
January 2013. The FY13 NDAA represented great leaps forward in
providing our Armed Forces and Veterans better mental health care
services. Amongst the many provisions in the final NDAA were Section
518, authority for additional behavioral health professionals to
conduct pre-separation medical exams for Post-Traumatic Stress Disorder
(PTSD), where such professionals will included psychiatrists, licensed
clinical social workers or psychiatric nurse practitioners; Section 706
which authorizes DOD to carry out a pilot program to enhance the
efforts of the DOD in research, treatment, education and outreach on
mental health and substance use disorders and traumatic brain injury
(TBI) in members of the Reserve Component, their family members and
their caregivers; and Section 726, where in order to improve
transparency, the VA is required to develop and implement a
comprehensive set of measures to access mental health care services
furnished by the VA, including staffing guidelines for specialty mental
health care services, including those at community-based outpatient
clinics. In addition, AUSN supports the VA's use of $6.2 billion to
expand inpatient, residential, and outpatient mental health programs (a
5.3% increase or $312 million), further building on last year's
initiatives. This increase in funding will help grow outreach for
mental health screenings, expand technologies for self-assessment and
symptom management of Post-Traumatic Stress Disorder (PTSD) and enhance
other programs to reduce stigmas of mental health. AUSN also praises
the mental health care advances of H.R. 1627, the Honoring American
Veterans and Caring for Camp Lejeune Families Act, where amongst the
provisions of that bill are sections from last year's S. 957, the
Veterans' Traumatic Brain Injury Rehabilitative Services Improvements
Act, which amends the U.S. Code to improve the disability compensation
evaluation procedure of the VA for Veterans with PTSD, rehabilitative
services for Veterans with Traumatic Brain Injury (TBI), and
enhancement of comprehensive service programs, vastly improving the
care available to our injured service members.
Despite previous successes, much work needs to be done in
addressing mental health treatment and improving the quality and
efficiency of VA healthcare. The Veteran suicide rate still remains
dangerously high. A recent 2 year study, culminating in the release of
a 2012 Suicide Data Report in mid-February 2013 by the VA, reported
that 22 veterans had committed suicide per day in 2010. Furthermore,
the report estimates that more than 69 percent of Veteran suicides are
occurring among those aged 50 years and older. This trend is an ongoing
issue that AUSN hopes the Committee continues to make a high priority.
In addition, in regards to treatment, there have been numerous
complaints amongst the Veteran community of the inadequate level of
mental health care professionals available to them at clinics across
the country. Undersecretary of Veterans Affairs for Health, Dr. Robert
Petzel, told the House Veterans' Affairs Committee [in a hearing about
mental health on 13 February 2013] that the VA is currently working on
being more proactive in its services to hold its workers more
accountable. At the same hearing, Dr. Linda Schwartz of the VA Center
in Connecticut reiterated the belief that the VA needs to stop
believing it has to do everything by itself and must work with its
state level partners to provide local care to Veterans.
AUSN is closely monitoring these internal VA actions, such as the
ones Dr. Petzel testified on, that will move the VA into a more
proactive direction in regards to mental healthcare. Amongst the bills
that AUSN is tracking are H.R. 577 and H.R. 602, introduced by
Representatives Steve Stockman (R-TX-36) and Jeff Miller (R-FL-01)
respectively, the Veterans Second Amendment Protection Act which would
amend U.S. Code to clarify the conditions under which certain persons
may be treated as adjudicated mentally incompetent. AUSN also
understands that Representative Tim Walz (D-MN-01) intends to
reintroduce the Servicemembers Mental Health Review Act. DOD records
have shown that from 2001 through 2007, 26,000 servicemembers were
separated from the military because of a personality disorder. In 2008,
the Government Accountability Office (GAO) conducted a review of
several hundred of these cases. GAO concluded that thousands of
improper personality disorder discharges had occurred. GAO also found
that military branches were failing to abide by DOD's directives for
diagnosing and discharging Veterans with Personality Disorder (PD).
Some service compliance rates were as low as 40 percent. Instead of
properly diagnosing these troops with PTSD, DOD diagnosed the service
members with PD and discharged them from service. DOD has not released
any records regarding these discharges since 2010 and since PD and
Adjustment Disorders (AD) are preexisting conditions, DOD is not
obligated to award the servicemember the benefits they would have
received if they were diagnosed with PTSD or TBI. Veterans improperly
discharged with a false psychiatric disorder can have a difficult time
reintegrating into society. In particular, Veterans discharged with PD
or AD cannot access the medical retirement benefits they deserve. This
leaves the disabled Veteran without access to education assistance,
Federal employment preference, medical insurance and disability
compensation. Furthermore, a harmful stigma follows them for life since
the diagnosis is indicated on the individuals' discharge papers,
hurting their chances of finding civilian employment. This bill would
give the Physical Disability Board of Review the authority to correct
the service records of Veterans wrongly discharged with an improper
psychiatric disorder.
Although there have been great strides in improving the quality of
mental healthcare for Veterans, AUSN strongly believes much more work
needs to be done in regards to mental health care and looks for
continued support for legislative efforts on identifying and providing
adequate care and professionals to help alleviate the problems
associated with mental illness amongst our veterans.
Remote Area Access for Veteran Healthcare
Last year, AUSN was encouraged by the passage of S. 1849, the Rural
Veterans Health Care Improvement Act, included amongst the provisions
of H.R. 1627, the Helping Veterans and Camp Lejeune Families Act,
particularly Section 110 of H.R. 1627 which read, ``Recognition of
Rural Health Resource centers in Office of Rural Health.'' AUSN is
extremely pleased that rural health resource centers now serve as
satellite offices within the VA's Office of Rural Health and that the
Office's goals are to improve the understanding of challenges, identify
disparities in the availability of health care, formulate practices or
programs that enhance the delivery of health care and develop special
practices and products for the benefit of all Veterans living in rural
areas. In addition, AUSN was happy to see that other sections of the
bill were aimed to improve the life of rural Veterans such as Section
108 of the bill, which directs the VA to carry out an initiative of
tele-consultation for the provision of remote mental health and TBI
assessments in facilities of the Department that are not otherwise able
to provide such a service. This provision also ensures that facilities
of the VA are able to provide mental health or TBI assessments to a
Veteran through contracting with a third-party provider.
It is well known that a large population of our nation's Veterans
comes from rural areas of the country. This presents numerous
challenges to a Veteran if he or she has a service-related disability,
as time of travel, expense of travel and ability to do so are all
affected by distanced care centers. The VA is making gains to better
reach out to our rural Veterans, but there is much more that needs to
be done. More military treatment facilities and VA clinics in rural
areas are the obvious fix. However, simply putting buildings in rural
areas will not solve the problem. No matter how much effort the VA puts
into creating care centers in rural areas, caregiver staffing will
remain a problem until the VA goes to extremes to properly staff them.
While there have been many successful measures to help make rural
caregiver assignments more desirable in the past, such as the 2008
Rural Access to Health Act, the VA must now bolster its efforts to
attract caregivers to these areas. Pay, alone, does not drive the
caregiver or health professional to a certain assignment. VA must not
only look at financial, but also career and professional incentives to
bring the best and brightest health care staff to our Veterans.
Rewarding a health care professional who volunteers to work in a rural
area for three years, for instance, could be rewarded with a
professional accommodation or, much like in the military, could be
given special privileges like being placed at the front of the line for
extremely desirable assignments. This and many other options exist, and
the VA must do more in terms of attracting promising young health care
professionals to needy rural areas.
AUSN fully supports efforts in the 113th Congress, including H.R.
635, the Help Establish Access to Local Timely Healthcare for Your
(HEALTHY) Vets Act, which would allow Veterans to access local
healthcare facilities, which will save the Veteran time, money and
physical strain. Currently, our Veterans must travel to VA hospitals
for the majority of their treatments. This distance can often be a
major roadblock to healthcare for Veterans living in rural areas who
have to travel to reach the closest VA hospital. The HEALTHY Vets Act
would allow Veterans to use health providers in their hometowns by
directing the VA to contract with local hospitals and doctors on a
case-by-case basis to provide medical services to those Veterans who
live far away from a VA medical facility. This is the fourth time such
legislation has been introduced with this aim, and AUSN hopes that it
will finally be given enough time and consideration that Veterans of
rural areas deserve.
Disability Compensation/Concurrent Receipt
The VA projects it will receive about 1.25 million claims for
Veterans disability benefits for this year. As it exists today, a
disability rating is assigned (a percentage) by the VA after a physical
examination for all body systems for which the Veteran is claiming
disability. However, a cash benefit is only provided to Veterans with a
rating of 10% or more. The basic benefit amount ranges from $127 to
$2,769 a month, depending on the disability rating. However, given the
economic situation faced by many of our Veterans, this compensation may
not be adequate to meet their needs as costs of living continue to
rise. AUSN applauds passage of the Veterans' Compensation Cost-of-
Living Adjustment (COLA) of 2012 passed in November 2012 where 3.9
million Veterans and their families saw their COLA raised by 1.7%,
effective 1 December 2012.
Though a great step to improve Veteran benefits, these annual COLA
bills consume Congress's time every year. Instead of having to return
to the issue over and over again every year, AUSN applauds H.R. 570,
the American Heroes COLA Act of 2013, sponsored by Representative Jon
Runyan (R-NJ-06), which would make the annual adjustments automatic.
The rates of disability compensation for Veterans with service-
connected disabilities and the rates of dependency and indemnity
compensation for survivors of certain service-connected disabled
veterans would become an automatic increase. Such automatic increases
save Congress time by alleviating an annual issue that is usually
passed with little to no opposition, and it protects Veteran benefits
from being delayed by possible Congressional delays (as what happened
last fall). This bill, partnered with Representative Runyan's other
COLA bill, H.R 569 to provide a COLA increase to take effect 1 December
2013, both address the important topic of Veteran benefits while
tackling the issue early on in the fiscal year.
In addition, AUSN supports efforts to change the Chained Consumer
Price Index (CPI) as a method for calculating Veterans disability
compensation. We understand that during these times, the Federal
Government needs to look for methods to save money, but AUSN does not
support writing such checks through the earned, and much needed,
benefits of retirees, Veterans, and their families. As Chairman of the
Senate Veterans' Affairs Committee (SVAC), Senator Bernie Sanders (I-
VT) has said, ``Do not balance the budget on the backs of disabled
Veterans who have lost their arms, legs, and eyesight defending our
country. Do not balance the budget on the backs of working families. Do
not adopt the so-called chained-CPI.'' AUSN, and numerous other VSO's,
joined Chairman Sanders on 31 January 2013 at a press conference in the
Capitol to voice opposition to Chained CPI. More than 55 million
retirees, widows, orphans and disabled Americans on Social Security
could be affected by the switch to a so-called chained CPI. According
to the Social Security Administration, the change would result in $112
billion in reduced Social Security benefits over 10 years. The proposed
change in how annual COLA are calculated also would mean that Veterans
who started receiving VA disability benefits at age 30 would have their
benefits reduced by $1,425 at age 45, $2,341 at age 55 and $3,231 at
age 65, according to the Congressional Budget Office (CBO). These are
dangerous benefits cuts, and alternative methods of lowering spending
and the debt need to be investigated.
Veteran Employment/Transition and Housing
AUSN continues to advocate for continued funding for the Vocational
Rehabilitation & Employment (VR&E) Program at the VA. Authorized by
Congress under Title 38, U.S. Code, Chapter 31 and Code of Federal
Regulations, Part 21, sometimes referred to as the Chapter 31 program,
this program assists Veterans with service-connected disabilities to
prepare for, find and keep suitable jobs. For Veterans with service-
connected disabilities so severe that they cannot immediately consider
work, this program offers services to improve their ability to live as
independently as possible. According to the VA, program participants
are expected to increase from 108,000 in 2011 to well over 130,000 this
year alone.
There are still many concerns regarding transitioning from Active
Duty to the civilian sector amongst the Veteran communities. Amongst
the ones described in this testimony, are concerns regarding the
experiences of a Veteran while on Active Duty, converting to certain
civilian sector jobs and license certifications. AUSN is pleased that
there have been great strides in this area such as last year's passage
into law of H.R. 4155, the Veteran Skills to Jobs Act, which directs
the head of each Federal department and agency to treat relevant
military training as sufficient to satisfy training or certification
requirements for Federal licenses. In addition, the inclusion of last
year's Helping Iraq and Afghanistan Veterans Return to Employment
(HIRE) at Home Act, S. 3235 and H.R. 4115, in the FY13 helps
transitioning veterans by encouraging states to consider the
specialized military training and experience service members acquire on
Active Duty as fulfilling all or some of the state certification and
licensing requirements.
Currently, there is a bill this Congress that focuses on medical
expertise of Veterans qualifying for license certifications. AUSN
supports the House's recent passage a few weeks ago of H.R. 235, the
Veteran Emergency Medical Technician Support Act of 2013, which would
amend the Public Health Service Act to provide grants to states to
streamline state requirements and procedures for Veterans with military
emergency medical training to become civilian emergency medical
technicians. We strongly urge the Senate to take action on this
important bill that would help to facilitate the employment of Veterans
with medical experience.
Transition Programs
Last year, AUSN was pleased to see many positive developments with
transition programs for our Veterans. Most notably in the FY13 NDAA,
Section 513, the availability of Transition Assistance Advisors (TAA)
to assist members of the Reserve Component who serve on Active Duty for
more than 180 consecutive days. In this particular section, DOD is to
establish as part of the Transition Assistance Program (TAP) a
Transition Assistance Advisor (TAA) program to provide professionals in
each state to serve as statewide points of contact to assist members of
the Armed Forces in accessing benefits and health care. In addition,
AUSN was pleased with the part of S. 3202, the Dignified Burial and
Other Veterans' Benefits Improvement Act, which passed into law that
contained portions of the Transition Assistance Program (TAP)
Modernization Act, S. 2246 and H.R. 4051. Particularly, Sec. 301 of S.
3202 directs the Secretary of Labor, during a two-year pilot period, to
provide TAP to Veterans and their spouses at locations other than
military installations in at least three and up to five states selected
by the Secretary based on the highest rates of Veteran unemployment.
AUSN is continuing to monitor the debate on mandating participation
in TAP for all separating service members as well as expanding its
programs. There are still many current service members on Active Duty
who continue to not understand why they would need to participate in
the program. However, once service members had left the military, many
wondered why they never received comprehensive training and information
on how to access their earned benefits and successfully transition from
military to civilian life. Unfortunately, some Veterans have no way to
reasonably anticipate all of the challenges they may face once out of
the military. AUSN believes that TAP resources must continue to be made
available to Veterans after they have transitioned out of Active Duty
and expansion of its programs to include such items as educational
benefit instructions which will significantly help prepare service
members and their families. There are some encouraging bills that were
introduced this Congress that help in these efforts which AUSN
supports, including H.R. 562, the Veterans Retraining Assistance
Program (VRAP) Extension Act of 2013, which would provide for a three-
month extension of the Veterans Retraining Assistance Program
administered by the VA, allowing for more time for service members to
take advantage of this important transitional program. Currently, VRAP
offers up to 12 months of retraining assistance to Veterans who are
unemployed, at least 35 but no more than 60 years old, have an other
than dishonorable discharge, not eligible for any other VA education
benefit programs (i.e., the Post?9/11 GI Bill, Montgomery GI Bill,
Vocational Rehabilitation and Employment), are not in receipt of VA
compensation due to Individual Un-employability (IU), and are not
enrolled in a Federal or state job training program. In addition, AUSN
supports H.R. 631, the Servicemembers' Choice in Transition Act of 2013
which provides requirements for the contents of TAP, including, amongst
other items, an overview on preparations for employment, preparations
for education or career or technical training and preparations for
entrepreneurship.
Encourage Hiring of Veterans
AUSN is pleased with the creation and development of the Veterans
Jobs Caucus in the Senate by co-chairs Senators Joe Manchin (D-WV) and
Mark Kirk (R-IL) and in the House by co-chairs Representatives Tim Walz
(D-MN-01) and Jeff Denham (R-CA-10). Their ``I Hire Veterans''
initiative is a great step in strengthening Congressional support and
visibility for Veterans employment issues. In addition, AUSN was happy
to see the passage into law last Congress of H.R. 3670, requiring the
Transportation Security Administration (TSA) to comply with the
Uniformed Services Employment and Reemployment Rights Act (USERRA).
This step was taken after TSA was found to be violating USERRA when two
Transportation Security Officers (TSO's) in the Reserve Component were
dismissed from employment as a result of their service and had their
appeals rejected. As a result of the passage of the bill into law,
TSO's will now have their jobs protected under USERRA, as it instructs
TSA to comply with USERRA when carrying out certain personnel decisions
with respect to the employment of air transportation passenger and
property screeners.
However, overall unemployment numbers amongst Veterans remain high
and are a top concern of AUSN. Currently, there are over 857,000
unemployed Veterans (mostly Vietnam Veterans) throughout the country.
In 2012 alone, the unemployment rate for OIF and OEF Veterans hovered
at 10%. While this statistic was much better than the 2011 rate of 12%,
our nation's returning heroes deserve a better chance to be able to
work to secure a good future for themselves and their families. Despite
the jobless rate falling, it is not yet where it needs to be. We must
continue to strengthen prospects for Veteran employment by extending
and strengthening incentives for businesses to employ Veterans. In
addition, there are alarming cases where Veterans are afraid to put
`Veteran' on their job applications in fear of employer's not wanting
to hire them due to some of the complex burdens some of these Veterans
may carry. This discrimination is something that should be monitored
and discouraged.
AUSN supports legislative efforts that seek to improve the
employment of Veterans and encourage preferential hiring practices in
businesses. One such bill is S. 6, the Putting Our Veterans Back to
Work Act, which provides assistance to small business owned by Veterans
and improves enforcement of employment and reemployment rights for
members of the uniformed services. First, the bill directs the
Department of Homeland Security (DHS) to award grants to hire veterans
as firefighters and requires the head of each Executive and Defense
agency to consider favorably, as an evaluation factor in federal
solicitations for contracts and task or delivery orders valued at or
above $25 million, the employment by a prospective contractor of
Veterans constituting at least 5% of the contractor's workforce. S. 6
would also extend the VOW to Hire Heroes Act of 2011 through March of
2016, which would provide a tax credit to businesses of up to $5,600
for hiring Veterans who have been searching for a job for more than six
months, as well as a $2,400 credit for Veterans who are unemployed for
more than a month but fewer than six. Finally, under USERRRA, the bill
allows a Veteran with a complaint of a violation of employment or
reemployment rights under for the Attorney General (AG) to intervene
within 60 days after receiving a referral of an unsuccessful attempt to
resolve a complaint relating to a state or private employer.
Homelessness
Last year, there were many improvements in combating homelessness
amongst the nation's Veteran population. In particular, Section 590 of
the FY13 NDAA extended the authority to carry out referral and
counseling service programs to Veterans at risk of homelessness
transitioning from certain institutions from 30 September 2012 to 30
September 2013. In addition, the passage of H.R. 1627 into law last
year included provisions of S. 3309, the Homeless Veterans Assistance
Improvements Act, and S. 3349, the Zero Tolerance for Veterans
Homelessness Act. Sections 301 and 302 of H.R. 1627 expand eligibility
for the VA's emergency shelter services to include homeless Veterans
who are not seriously mentally ill. Furthermore, these sections enhance
grant programs for homeless Veterans with special needs by including
dependents of Veterans and male Veterans with dependent children. The
bill also reforms the grant and per diem program, which serves upward
of 30,000 homeless Veterans annually by requiring the VA to report on
how to improve the per diem payment process for grantees.
There is still much work to be done to combat homelessness for
Veterans, however. On a single night in January 2012, 62,619 Veterans
were homeless. The Department of Housing and Urban Development (HUD)
has released annual reports since 2009 on the estimates of homeless
Veterans and although there was an increase from 75,609 in 2009 to
76,329 in 2010, there was a substantial 12% decrease in 2011 to 67,495
homeless Veterans. However, the statistics on homeless Veterans are
still staggering, as no Veteran should be without a home after serving
their country. According to data compiled by the VA in January 2011,
about 145,000 Veterans nationwide spent at least one night in an
emergency shelter or transitional housing program. Veterans in the
groups of age 31-60 compose the greatest percentages of homeless
veterans, but Domiciliary Care for Homeless Veterans (DCHV) has
reported that of these homeless Veterans, 90% suffer from Substance Use
Disorders, 68% have serious psychiatric problems and 61% are being
dually treated. One out of every six men and women in homeless shelters
is a Veteran, and Veterans are 50 percent more likely to fall into
homelessness compared to other Americans. Looking at returning Veterans
from Iraq and Afghanistan, the VA recently report that through the end
of September 2012, 26,531 of these returning Veterans were living on
the streets, at risk of losing their homes, staying in temporary
housing or receiving Federal vouchers to pay rent. This figure is up
from 10,500 in 2010 for returning Iraq and Afghanistan Veterans and the
VA says the numbers could be higher because they include only the
homeless the Department is aware of. While the VA has expressed its
goal to end homelessness amongst Veterans by 2015, much work still
needs to be done.
AUSN looks forward to hearing about the progress on combating
homelessness amongst Veterans and urges the House and Senate Veterans'
Affairs Committee to consider legislation this Congress that addresses
these issues and seeks to lower these shocking numbers. One such bill
is S. 287, which would include as a homeless Veteran, for purposes of
eligibility for benefits through the VA, a Veteran or Veteran's family
fleeing domestic or dating violence, sexual assault, stalking, or other
dangerous or life-threatening conditions in a current housing
situation.
Claims Processing
Claims backlogs are an area where there is a broad consensus that a
lot of improvement is needed and that existing negative public
perception amongst the Veteran community is undoubtedly drawn from the
VA's shortcomings to process them. AUSN is pleased with VA's heightened
efforts to modernize itself and these efforts are being bolstered by
DOD's modernization efforts as well. In the FY13 NDAA, for example,
Section 682 required a report by the VA on claims process
transformations that the VA is currently implementing, whereby no later
than 60 days after the NDAA was passed into law, the Secretary of
Veterans Affairs is to submit to the Committees on Armed Forces and the
Committees on Veterans' Affairs of the Senate and House, a report on
the plan of the Secretary to reduce the backlog of claims for benefits
that are pending and to efficiently and fairly process claims for such
benefits in the future. AUSN looks forward to the findings of this
report. It is important in such transformation and modernization
efforts to allow Veterans to have the ability to transfer their
complete service jacket (medical records, etc.) with a single click.
This effort would seek to completely transform and evolve the VA's
claims process into a streamlined system and improve the lives of
Veterans throughout the country.
However, integration of these claims systems into one has to be
continued in order to process claims efficiently. Communication and
integration of the Veterans Benefits Administration (VBA) and Veterans
Health Administration (VHA) needs to be further developed to have
continuity of filing in the VA. The creation of E-BENEFITS, integrating
DOD and VA resources into a `one-stop- shop' webpage, is a great start,
but there are still a few overlaps that cause confusion when Veterans
file claims and, consequently, when the VA tries to get them processed
quickly and, most importantly, efficiently. Recent numbers at the VA
have shown that there are 1.4 million various disability compensation
and pension claims, which include 4 million education claims, processed
in a given year. The VA has noted that by the end of this year, no more
than 40% of compensation and pension claims will be more than 125 days
old which is a significant cut from the 60% of claims exceeding that
mark this past year.
With 1 million new Veterans expected to be utilizing the VA claims
system upon returning home from deployment in OIF and OEF, this system
of processing needs to improve. AUSN continues to be concerned with the
efficiency of the claims system for our nation's Veterans and would
like Congress to be on the forefront of any efforts to monitor and
improve this process at the VA. Even with increases in funding over the
past few years and positive developments, there still appears to be
much work to be done in processing claims.
Veteran Education
AUSN was pleased to see passage of one of the most significant
education bills introduced last year, H.R. 4057, the Improving
Transparency of Education Opportunities for Veterans Act of 2012, which
offers a critical first step in ensuring that student Veterans are
properly informed about their benefits and have proper recourse for
fraud, waste and abuse. AUSN understands that the VA is already taking
proactive steps to ensure current service members receive educational
material through the transition assistance program (TAP) and that
Veterans who apply for GI Bill benefits are exposed to critical
information before utilizing this benefit. H.R. 4057 also highlights
available resources to help GI Bill beneficiaries choose the school
best meeting their educational needs, as Veterans sometimes fall of
track towards achieving a higher education. AUSN applauds Congress for
coming together to help ensure that Veterans and beneficiaries are well
versed in how to utilize this benefit.
There have been drastic improvements to education assistance
provided to our nation's Veterans, which AUSN has been pleased to see
over the years. The Post-9/11 GI Bill is a magnificent benefit for
today's Veterans and correcting certain oversights within the bill has
improved its usage for the more than 606,000 service members, Veterans
and family members and survivors that it serves. This benefit has
potential to help shape and mold future leaders, and AUSN opposes any
efforts to scale back the benefit as a disservice to the men and women
who have fought in defense of our nation for the last decade.
Since the VA implemented the Post-9/11 GI Bill, the Department has
primarily focused on ensuring student Veterans receive timely, accurate
payments to finance their education. Unfortunately, as more and more
Veterans sought to take advantage of their earned educational
opportunities, the VA has stated unequivocally that the system used for
decades to process Montgomery GI Bill claims would not be able to
handle the more complex Post-9/11 GI Bill program. Consequently,
Congress authorized $100 million to develop a new system, what is now
called the ``Long Term Solution,'' or LTS. The major development effort
has focused on automating supplemental claims which would comprise the
bulk of the interactions between the VA, students and schools. This
decision left original claims relatively un-automated. As a result, an
original claim still takes about 45 minutes to process, a time little
changed from 2009. Without making the system and its information more
accessible to Veterans and schools, the process of filing the claim is
incomplete. It is very apparent that LTS needs to continue evolving in
order to handle more complex claims under the new Post-9/11 program. In
addition, the system still hampers student Veterans from receiving up-
to-date information about their claims and funding they are being
provided. Student Veterans have stated that to receive funds, and/or
information, the turnaround time could be as long as 2-5 months, a
serious time delay, when many schools will require funds by certain
deadlines. AUSN supports any effort to revise the LTS system in order
for claims to not only be filed, but fulfilled with an adequate
response in a timely manner.
AUSN continues to advocate for legislative solutions for issues
that arise with Veteran educational assistance and programs which make
Veterans able to use their benefit with fluid and flexible options. For
example, AUSN supports H.R. 357 and S. 257, the GI Bill Tuition
Fairness Act of 2013, introduced by Representative Jeff Miller (R-FL-
01) and Senator John Boozman (R-AR), which would amend title 38, U.S.
Code, to require courses of education provided by public institutions
of higher education that are approved for purposes of the educational
assistance programs administered by the VA to charge Veterans tuition
and fees at the in-state tuition rate. Many Veterans of the uniformed
services are unable to use their GI Bill at an institution of higher
education of their choice, because their permanent residence is in
another state. As public colleges and universities seek ways to offset
decreasing revenues, many have significantly raised the costs of out-
of-state tuition. The cap for GI Bill benefits often falls short of
this high out-of-state rate. Furthermore, because of the nature of
military service, Veterans and beneficiaries often have a difficult
time establishing residency for purposes of obtaining in-state tuition
rates. Circumstances such as these, which oftentimes require individual
Veterans to live in certain areas, especially during the time when they
are separated from the uniformed services, pose significant challenges
to using this important benefit.
In regards to flexibility, AUSN members, particularly those in the
Individual Ready Reserve (IRR) have been vocal about the concerns
regarding flexibility for family member transfer of GI Bill benefits.
Currently, in regards to Post 9/11 GI Bill benefits (Chap. 33, 38 USC),
Reserve and Guard GI Bill transfer is based on a commitment to continue
in the Reserves. This regulation applies to any member of the Armed
Forces (Active Duty or Selected Reserve, officer or enlisted) on or
after 1 August 2009 who is eligible for the Post-9/11 GI Bill and has
at least 6 years of service in the Armed Forces on the date of election
and agrees to serve 4 additional years in the Armed Forces from the
date of election and has at least 10 years of service in the Armed
Forces (Active Duty and/or Selected Reserve) on the date of election
(precluded by either standard policy (service or DOD) or statute from
committing to 4 additional years).
A majority of these servicemembers use their GI Bill benefit prior
to their enrollment in IRR unless they have come directly off of Active
Duty into the IRR (as is the case with a few groups of service
members). Consequently, current law only provides for transfer
eligibility for ``Selected Reserve'' members. Despite these IRR members
serving qualifying time for GI Bill benefits completed in either an
Active Duty or Selected Reserve status, servicemembers that are
currently in IRR status are ineligible for the transfer option as it
currently exists. The requirements for transfer of GI Bill benefits
affect members in the IRR, as there is no ``guarantee'' anyone who
completes their initial service commitment, could have continued with
the Reserves past this initial commitment. Also, current Active Duty
members with no Reserve commitment are also not ``guaranteed'' to join
the Reserves for six years after leaving 10 years of service.
Servicemembers transfer to the IRR for a variety of reasons, such as
civilian jobs, travel commitments and even complex family situations,
with many staying in that status for several years. AUSN would like to
see this definition for transferability of the GI Bill benefit expanded
to include Armed Forces in the IRR.
Navy Reserve
Veteran Status for Reservists
AUSN supports the classification of certain affected groups of our
Navy Reservists as Veterans of the Armed Forces. Currently, as it
exists in the U.S. Code, a member of the Reserve Component can
successfully complete a Guard or Reserve career but not earn the title
of, ``Veteran of the Armed Forces of the United States,'' unless the
member has served on Title 10 Active Duty for purposes other than
training. Currently, Title 38 excludes from the definition of
``Veteran'' career those Reservists who have not served on Title 10
Active Duty for other than training purposes. Drill training, annual
training, Active Duty for training and Title 32 duty are not deemed
qualifying service to qualify for ``Veteran'' status. For example, the
service of our Guard and Reserve members in Operation Noble Eagle (ONE)
would not qualify to earn the status of ``Veterans of the Armed
Forces'' because it is technically a ``training'' status.
AUSN applauds the House of Representatives for passing H.R.1025,
the Honor America's Guard and Reserve Retirees Act, in the 112th
Congress and sending the bill to the Senate. However, H.R.1025, and its
Senate companion bill, S. 491, did not see any additional action and an
amendment to the FY13 NDAA was put on hold, despite its strong support
amongst the Military Coalition (TMC) and its neutral cost to taxpayers,
as scored by the Congressional Budget Office (CBO). AUSN was pleased to
see that the bill was re-introduced in the form of H.R. 679 with a
bipartisan list of cosponsors including Representatives Tim Walz (D-MN-
01), Jon Runyan (R-NJ-03), Jeff Denham (R-CA-10), Duncan Hunter (R-CA-
50), Tom Latham (R-IA-03), Jim Matheson (D-UT-04) and Nick Rahall (D-
WV-03). H.R. 679 would authorize Veteran status under Title 38 for
Guard and Reserve members of the Armed Forces who are entitled to a
non-regular retirement under Chapter 1223 of 10 USC but were never
called to active Federal service during their careers through no fault
of their own. Furthermore, the bill was written to explicitly include
stronger language with a, ``Clarification Regarding Benefits,'' section
which states that as a result of passage of this bill, no additional
benefits may be conferred by persons receiving status of `Veterans'
under this act. This zero-cost bill also has the potential to help
combat high levels of unemployment amongst the Reserve Component
community, providing `Veteran' status for them to be hired by employers
that actively seek Veterans in the workplace.
Again, H.R. 679 would not bestow any benefits other than the honor
of claiming Veteran status for those who honorably served and
sacrificed as career Reserve Component members. AUSN believes that our
Reserve Component deserve nothing less.
Other Veteran Items of Interest
AUSN is increasingly concerned with the findings of the impact that
Military Sexual Trauma (MST) is having upon separating servicemembers.
According to DOD, 19,000 sexual assaults occurred in the military in
2010, but only about 13 percent of victims reported the attacks. In
2011, fewer than 8 percent of reported cases went to trial, and fewer
than 200 attackers were eventually convicted. In recent studies, more
than 85 percent of all military sexual assaults go unreported, which
means Veterans have a hard time meeting the burden of proof when
applying for VA benefits. A Navy Sailor's story, Ms. Ruth Moore, has
inspired legislative action. Ms. Moore enlisted in the Navy at age 18
and was the victim of sexual assault twice. Ms. Moore reported the
attacks, but the attacker was never charged or disciplined, and she was
later labeled as suffering from mental illness and discharged from the
Navy. Ms. Moore fought for 23 years to get the benefits she was owed
after noticing her records were tampered with and that she was even
diagnosed with a mental illness she did not have. AUSN supports
legislation by Representative Chellie Pingree (D-ME-01) and Senator Jon
Tester (D-MT), in the forms of H.R. 671 and S. 294, appropriately
titled the Ruth Moore Act of 2013, which would amend Title 38 of the
U.S. Code to improve the disability compensation evaluation procedure
of the VA for Veterans with mental health conditions related to
military sexual trauma.
Conclusion
The Association of the United States Navy understands that there
are difficult decisions ahead in regards to the Continuing Resolution
(CR) for the remainder of FY13 and the forthcoming FY14 Budget Request.
A looming concern here at AUSN is the effects of this automatic
sequestration trigger upon the DOD. AUSN was pleased when DOD military
personnel accounts and the VA were exempt late last spring from
sequestration, however there are many factors to be considered that may
affect Veterans. Many Federal agencies, DOD included, have preferential
hiring practices for veterans, which currently make up close to 44% of
DOD's workforce. Sequestration could result in higher unemployment
numbers amongst the Veteran community. We encourage members of both the
House and Senate to look at our website which has a daily updated Bills
of Interest section where we have more legislation that is within our
priorities that we are tracking on behalf of our members at http://
www.ausn.org/Advocacy/BillsofInterest/tabid/2668/Default.aspx.
AUSN believes that the Department of Veterans Affairs (VA) and the
Department of Defense (DOD) are both moving in the right direction, as
it pertains to their shared commitment to improving the way they care
for Veterans. Whether looking at modernization of servicemembers'
health records and fitness reports or the much improved collaboration
efforts between the two Departments themselves, AUSN is confident that
the framework these two Departments laid out in the 112th Congress is
of sound structure and will significantly ease the many hardships our
brave Veterans now face as we enter the 113th Congress.
AUSN understands that the VA has, almost since its inception, faced
a public perception that views it as an Agency filled with incompetency
and waste. The VA's sole purpose is to lessen the suffering and
adversities faced by those brave few willing to stand and risk life and
limb for our nation's ideals and what public perception fails to
understand is that the very reason for the VA's existence forces the
Department, at times, to be more reactionary than proactive. We cannot
see wars coming a decade before they do. Moreover, we cannot predict
what types of tactics and warfare our enemy will use, and what types of
wounds we will have to learn how to heal. War has irreversible
consequences, and the VA is continually adapting to try to reduce these
consequences as much as possible. AUSN stands ready to be the Voice for
America's Sailors, abroad and upon their return home, and looks forward
to working with Congress and the VA on serving our Veterans. Thank you.
LTG Guy C. Swan, USA Ret., Vice President, Association of the United
States Army
Messrs. Chairmen and Members of the Committees:
Thank you for the opportunity to present the views of the
Association of the United States Army (AUSA) concerning veterans'
issues. Both in personal testimony and through submissions for the
record there exists a long-standing relationship between AUSA and the
Senate and House Committees on Veterans' Affairs. We are honored to
express our views on behalf of our members and America's veterans.
The Association of the United States Army is a diverse organization
of almost 100,000 members - active duty, Army Reserve, Army National
Guard, Department of the Army civilians, retirees and family members.
An overwhelming number of our members are entitled to veterans'
benefits of some type. Additionally, AUSA is unique in that it can
claim to be the only organization whose membership reflects every facet
of the Army family.
Each year, the AUSA statement before the committees stresses that
America's veterans are not ungrateful. Much of the good done for
veterans in the past would have been impossible without the commitment
of those who serve on the committees and the tireless efforts of their
professional and personal staffs.
The inherently difficult nature of military service has never been
more self-evident than during the current conflicts. While grateful for
the good things done for veterans, AUSA reminds our elected
representatives that we consider veterans benefits to have been duly
earned by those who have answered the nation's call and placed
themselves at risk - these are not ``entitlements''.
AUSA is heartened that Congress has expressed a commitment to
support America's veterans. Despite this, many are concerned that the
declining number of veterans in Congress might in some way lessen the
value this institution places on veterans and their service to the
nation. We, at AUSA, do not share this opinion. AUSA is confident that
you - well-intentioned, patriotic men and women - will faithfully
represent the interests of America's veterans during fiscal
deliberations.
As elected representatives, you must be responsible stewards of the
federal purse because each dollar emanates from the American taxpayer.
AUSA emphasizes that the federal government must remain true to the
promises made to her veterans. We understand that veterans' programs
are not above review, but always remember that the nation must be there
for the country's veterans who answered the nation's call.
``Providing for the common defense'' is Job #1 for Congress and our
national government. Providing for those who actually execute that task
should have an equal level of priority for Congress.
Veterans seldom vote in a block, despite their numbers. This is one
reason AUSA seeks this forum to speak for its members about veterans'
issues. Our veterans have lived up to their part of the bargain; the
Congress must live up to the government's part.
Those who have volunteered to serve their country in uniform
deserve educational benefits that support their transition to civilian
life. AUSA applauds Congress for enacting the Post-9/11 Veterans
Educational Assistance Act of 2008 and the more recent Post-9/11
Veterans Improvement Act of 2010. These landmark pieces of legislation
are helping educate a new generation of veterans by allowing them to
enroll as a full-time students and to focus solely on education.
With the Committees' support, the Department of Veterans' Affairs
has implemented the largest increase in education benefits for our
fighting men and women since World War II. AUSA has long endorsed a
21st century GI Bill that is built on the principles of simplicity,
equity and adequate reimbursement of the cost of education / training.
As we work to fully realize Congressional intent for the program, AUSA
believes consideration should be given to having hearings regarding a
unified architecture for all GI Bill programs for active duty, Guard
and Reserve under the principle of awarding benefits according to the
length and type of duty performed.
Because of Congress' establishment of the Gunnery Sergeant John D.
Fry Scholarship program, children of an active duty member who died in
the line of duty after September 10, 2001 are eligible for
substantially the same benefits as the Post-9/11 GI Bill when they
reach age 18. However, surviving spouses are eligible only for
Survivors and Dependents Educational Assistance (DEA) (Chapter 35, 38
USC) benefits, which for many means college or vocational training is
unaffordable.
For college attendance, DEA pays even less than the Montgomery GI
Bill stretched out over 45 monthly payments (instead of 36 months for
the MGIB). For full-time college enrollment, a surviving spouse
receives just $987 per month. When Congress established the Post-9/11
GI Bill in 2008, it authorized a one-time 20% rate hike to the MGIB,
but overlooked DEA. Today, the potential total DEA benefit is $44,415
compared to $56,304 under the MGIB. So surviving spouses receive
substantially reduced benefits under DEA and are not eligible for a
housing allowance or book stipend under the program. For many survivors
with children, college or vocational training is beyond their reach.
Therefore, AUSA urges Congress to authorize Post-9/11 GI Bill
benefits for surviving spouses of the current conflict, the same
educational benefit available to their children under the Gunnery Sgt.
John D. Fry Scholarships, in lieu of Dependents and Survivors'
Educational Assistance (DEA) benefits. As an interim measure, if
resources are not available to raise DEA reimbursement to the Post-9/11
GI Bill level, authorizing survivors of the current conflicts the Post-
9/11 GI Bill housing allowance and book stipend under DEA.
Also, AUSA is concerned about the rising unemployment of Army and
other veterans and believes additional full time counseling staff is
needed for the Vocational Rehabilitation and Employment (VRE) program
to support the increasing demand among the rising number of disabled
veterans. VRE helps equip disabled veterans to transition back into the
work force.
AUSA strongly encourages Congress to raise education benefits for
National Guard and Reserve service members under Chapter 1606 of Title
10. For years, these benefits have only been adjusted for inflation.
Currently, Reserve GI Bill benefits have fallen to less than 23 percent
of the active duty benchmark giving them much less value as a
recruiting and retention incentive. This also sends a signal to Reserve
Component personnel that their service is undervalued. Further, a
transfer of the Reserve MGIB-Select Reserve authority from Title 10 to
Title 38 will permit proportional benefit adjustments in the future.
Members of the National Guard called to active duty under Title 32
in support of the current crisis do not receive veteran's status for
their active duty military time. Those called to active duty under
Title 10 do receive veteran's status. Similarly, Army Reserve personnel
who are not called to active duty can complete a full reserve career
and yet not be entitled to be called veterans. This inequity must be
addressed. Your support in allowing Guard and Reserve members to earn
veterans' status on equal footing with their active duty counterparts
will send the message that Reserve Component personnel are part of the
Total Force.
Veterans' medical facilities must remain expert in the specialties
which most benefit our veterans. These specialties relate directly to
the ravages of war and are without peer in the civilian community. We
are grateful for the significant increase in resources and
appropriations, as well as the advanced appropriations process,
provided by the Congress to the veterans' health care. Further, AUSA
urges members of Congress to sustain the current levels of
appropriation funding. After 12 years of war and approximately 10,000
new veterans per month, cuts to veterans' appropriations would be
unconscionable.
AUSA applauds the unprecedented and historic legislation which
authorized the unconditional concurrent receipt of retired pay and
veterans' disability compensation for retirees with disabilities of at
least 50 percent and the legislation that removed disabled retirees who
are rated as 100 percent from the 10-year phase-in period. However, we
cannot forget about the thousands of disabled retirees left out by this
legislative compromise. The principle behind eliminating the disability
offset for those with disabilities over 50 percent is just as valid for
those 49 percent and below. AUSA urges that the thousands of disabled
veterans left out of previous legislation be given equal treatment and
that the disability offset be eliminated completely.
Another critical area needs to be addressed. For chapter 61
(disability) retirees who have more than 20 years of service, the
government recognizes that part of that retired pay is earned by
service, and part of it is extra compensation for the service-incurred
disability. The added amount for disability is still subject to offset
by any VA disability compensation, but the service-earned portion (at
2.5 percent of pay times years of service) is protected against such
offset.
AUSA believes that a member who is forced to retire short of 20
years of service because of a combat disability must be ``vested'' in
the service-earned share of retired pay at the same 2.5 percent per
year of service rate as members with 20+ years of service. This would
avoid the ``all or nothing'' inequity of the current 20-year threshold,
while recognizing that retired pay for those with few years of service
is almost all for disability rather than for service and therefore
still subject to the VA offset.
Fortunately, legislation provided in previous defense bills extends
Combat Related Special Compensation (CRSC) to retirees with less than
20 years of service with combat or operations-related disabilities.
Unfortunately, retirees with non-combat disabilities forced to retire
short of 20 years of service still have to fund their VA compensation
dollar-for-dollar from their disability retirement from DoD, and this
year funding of concurrent receipt for these Chapter 61 medical
retirees is not included in the administration's budget.
AUSA supports legislation that establishes a presumption of service
connection for veterans with Hepatitis C (HCV).
The rules for interment in Arlington National Cemetery (ANC) have
never been codified in public law. Twice the House has passed
legislation to codify rules for burial in Arlington National Cemetery.
However, the legislation has not passed in the Senate. AUSA supports a
negotiated settlement of differences between the House and Senate
concerning codification of rules for burial in Arlington National
Cemetery. Further, ``gray area'' reservists eligible for military
retirement should be included among those eligible for interment at
Arlington National Cemetery.
AUSA appreciates the help of the Veterans Administration in
modernizing the records keeping and oversight of Arlington National
Cemetery, but strongly urges that its administration should remain in
control of the United States Army.
AUSA remains opposed to the imposition of an annual deductible on
veterans already enrolled in VA health care and any increase in the co-
payment charged to many veterans for prescription drugs. AUSA urges
Congress to continue to oppose such fees.
AUSA supports continuing congressional efforts to help homeless
veterans find housing and other necessities, which would allow them to
re-enter the workforce and become productive citizens.
Much more needs to be done to ensure that returning combat
veterans, as well as all other service men and women who complete their
term of service or retire from service receive timely access to VA
benefits and services. This issue encompasses developing and deploying
an interoperable, bi-directional and standards-based electronic medical
record; a ``one-stop'' separation physical supported by an electronic
separation document (DD-214); benefits determination before discharge;
sharing of information on occupational exposures from military
operations and related initiatives. AUSA strongly recommends
accelerated efforts to realize the goal of ``seamless transition''
plans and programs and is deeply disappointed that the leadership of
the VA and DoD have retreated for the total systems integration that is
represented by ``iEHR''.
We encourage other positive steps toward mutual cooperation taken
recently by the Department of Defense (DOD) and the VA. The closer we
can come to a seamless flow of a servicemember's personnel and health
files from service entry to burial, the more likely it will be that
former service members receive all the benefits to which they are
entitled. AUSA supports closer DOD-VA collaboration and planning
including billing, accounting, IT systems, patient records, but not
total integration of facilities nor of VA/DOD healthcare systems.
AUSA strongly supports preservation of dual eligibility of
uniformed service retirees for VA and DOD healthcare systems. We
applaud Congress' opposition to ``forced choice'' in the past and
encourage you to hold the line in the future.
AUSA recognizes that progress is being made in reducing the
unacceptably high numbers of backlogged disability claims. The key to
sustained improvement in claims processing rests on adequate funding to
attract and retain a high quality workforce to match the introduction
of advanced technology into the VA information management system.
Finally, while AUSA acknowledges and understands the remarkable
achievements of drone pilots and cyberwarriors during the past decade
of war, it joins with many veterans and other military-related
organizations in urging that the level of precedence of the new
Distinguished Warfare Medal be adjusted so that it is below the the
Bronze Star or the Purple Heart in order to preserve the integrity and
prestige associated with these awards.
The committees safeguard the treatment of America's veterans on
behalf of the nation. AUSA knows that you take this responsibility
seriously and treat this privilege with the gratitude and respect it
deserves. Although your tenure is temporary, the impact of your actions
lasts as long as this country survives and affects directly the lives
of a precious American resource - her military veterans. As you make
your decisions, please do not forget the commitment made to America's
veterans when they accepted the challenges and answered the nation's
call to serve.
Thank you for the opportunity to submit testimony on behalf of the
members of the Association of the United States Army, their families,
and today's soldiers who are tomorrow's veterans.
Joseph A. Vater, Jr., Esq. (PA), President, ADBC Memorial Society
Chairmen Sanders and Miller, Ranking Members Burr and Michaud,
Members of the Senate and House Veterans Affairs Committees, thank you
for allowing us to present the concerns of veterans of World War II's
Pacific Theater to Congress. The American Defenders of Bataan and
Corregidor (ADBC) Memorial Society represents surviving POWs of Japan,
their families, and descendants.
In 2009, the Government of Japan belatedly recognized the
extraordinary abuse suffered by the American POWs of Japan. An official
apology was offered by the Japanese Ambassador to the United States and
a course of reconciliation established called the POW/Japan Friendship
Program.
Imagine our dismay when we learned that the new Japanese Prime
Minister, Shinzo Abe, may rescind Japan's war apologies. We naturally
worry that the reconciliation effort, the POW/Japan Friendship Program,
is also in jeopardy. Although our membership was, understandably,
divided on the value of the 2009 apology, a repudiation of the apology
and cessation of the popular visitation program would send an
unambiguous message of disrespect to the former POWs and harm the U.S.-
Japan Alliance.
The U.S. State Department's involvement was vital to the effort to
obtain the apology and to establish the visitation program. It is our
hope that Congress will work with the Obama Administration to persuade
Japan to hold to its promises and responsibilities. Japan needs to be
encouraged to do more.
As way of background, it was at the final convention of the
American Defenders of Bataan and Corregidor (ADBC) in May 2009 that the
Government of Japan through the Japanese Ambassador to the U.S., Ichiro
Fujisaki, and then again in 2010 through its Foreign Minister, Katsuya
Okada, offered the American POWs of Japan an official apology:
We extend a heartfelt apology for our country having caused
tremendous damage and suffering to many people, including prisoners of
wars, those who have undergone tragic experiences in the Bataan
Peninsula, Corregidor Island, in the Philippines, and other places.
The Japanese Government followed up the apology by initiating a
provisional program for American former POWs to visit Japan and return
to the places of their imprisonment and slave labor. Nearly all the
original Japanese companies that used POW slave labor still exist and
often continue to operate facilities at the same sites associated with
their assigned POW camps. Thus far, there have been three trips: 2010,
2011, and 2012.
It concerns us that the Abe Administration wants to limit the
program to former POWs and possibly end the program this year. Widows,
children, and other descendants have also been profoundly affected by
the POW experiences of their relatives and they should be included in
future programs. We are concerned about how little Japan's Ministry of
Foreign Affairs has publicized the program's accomplishments and
goodwill. We are troubled that some Japanese companies have refused to
allow our nonagenarian POWs to visit the sites of their imprisonment
and slave labor.
The success of the POW/Japan Friendship Program should encourage
Japan to do more.
Still we wait for Japan's great multi-national corporations to
acknowledge their use and abuse of POW labor. Still we wait for Japan
to create national memorials to the POWs who slaved and died on
Japanese soil. Still we wait for memorials for American POWs who died
on Japan's Hellships and in occupied territories outside Japan such as
Taiwan, Northeast China, Wake Island, and Guam. And still we wait for
Japan to establish a fund to continue this visitation program and to
include research, documentation, people-to-people exchanges, and
promotion of human rights.
We want to see the trips to Japan continued and to include widows,
descendants, and researchers. We want the visitation program to be
turned into a permanent program not subject to the Japanese
government's yearly budget review.
Prime Minister Abe is in a unique position to extend and enhance
this visitation program. Two of his Cabinet members have family ties to
companies that used POW slave labor during the war.
By showing his government's acknowledgement of the pain inflicted
on soldiers of what is now Japan's closest ally, the United States,
Prime Minister Abe can strengthen bilateral relations at a fundamental
level. It would engender trust among the Americans tasked with
protecting Japan by honoring their veterans, and would signal to
Japan's other wartime victims that meaningful reconciliation is
possible.
As you can see from this sampling of impressions by former POWs of
their trip to Japan, it has brought closure and peace of mind to those
who participated:
This program has really helped my Dad [Harold Bergbower, Past
National Commander, ADBC]. For years, Dad would have nightmares after
any talk, show, or sometimes just because of his years as a POW. Since
our visit his nightmares have gone. I cannot really put in words what
that day at the Japanese Factory in Takaoka, Toyama, Japan did. He has
not forgotten or totally forgiven but there is now a peace to his
remembrance. If you are able please consider participating in this
program. My Dad's memory is failing on his daily activities but he
continues to recall his trip to Japan. Now when he talks about his POW
experience he can now add closure. The audience is amazed at his story.
I was honored to go with Dad to Japan. If you are a descendant please
talk with your parent about the program. It truly is a life changer.
Mr. James Collier later reflected on the trip to Takaoka, whose
natural beauty he had never recognized while being a POW: ``After
meeting the kind people at JMC and after observing the beautiful
surroundings of the city, I realized that I had been robbed of the
opportunity of truly knowing this place for the past 66 years. Takaoka
had always remained as a dark and depressing place in my mind. Yet this
visit has finally afforded me the opportunity to appreciate its
beauty.''
Mr. Roy Friese met up with Mr. Kensuke Morooka, Representative of
the Association for Recording Air Raids of Omuta. His family home was
completely destroyed in the fire-bombing of June 18, 1945. ``I remember
I saw POWs when I was a boy of thirteen. The skeletal POWs were crammed
upright into trucks,'' he told Mr. Friese as they shook hands. ``The
facts of sixty-six years ago should never be forgotten. But instead of
animosity, we have to hold onto our belief that stupid wars should
never happen again,'' said Mr. Morooka. ``I had felt various prejudices
but they are all gone now,'' said Mr. Friese as he left the POW camp
site.
More observations by former POWs who have participated in the POW/
Japan Friendship Program are on the Outreach section of our website at
www.dg-adbc.org. The program is a tangible benefit of the
acknowledgement by Japan of some of Imperial Japan's injustices.
We are grateful for the State Department's recent efforts to
encourage the Japanese government to do the right thing by initiating a
process of reconciliation. The irony is that in 1995 the Japanese
government established a program of reconciliation and exchange for all
former Allied POWs with the exception of American POWs. We hope that
Congress will now encourage the State Department to continue to make up
for lost opportunities and time.
We ask for Congress and the Obama Administration to insist that
Japan maintain its visitation program for former POWs and expand this
remarkable program to include family members, to initiate a plan to
preserve their history, and support for human rights education.
Thank you for this opportunity to address your committees.