[Congressional Record Volume 153, Number 77 (Thursday, May 10, 2007)]
[Senate]
[Pages S5936-S5937]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. CLINTON (for herself and Mr. Durbin):
  S. 1363. A bill to improve health care for severely injured members 
and former members of the Armed Forces, and for other purposes; to the 
Committee on Armed Services.
  Mrs. CLINTON. Mr. President, today, I am introducing the Bridging the 
Gap for Wounded Warriors Act to provide comprehensive solutions to 
problems that have arisen from military bureaucracy's failure to meet 
the medical needs of this generation's wounded warriors as they 
transition from the Armed Services to civilian life.
  This is a moment of profound challenge for our country, for our 
military, and for our men and women in uniform. And while there are 
often strong disagreements here in Washington, I hope we can unite 
around our common values and patriotism when it comes to how we treat 
our servicemembers and veterans.
  If you serve your country your country should serve you. That is the 
promise our country must keep to the men and women who enlist, who 
fight, and who return home often bearing the visible and invisible 
scars of sacrifice. Sadly, too often in the past several years, that 
promise has been broken: whether it's a lack of up-armored vehicles on 
the ground in Iraq or a lack of appropriate care in outpatient 
facilities at Walter Reed.
  Last year, I authored and passed into law the Heroes at Home 
initiative to assist returning servicemembers experiencing the complex, 
diffuse, and life-altering symptoms of traumatic brain injury and other 
mental health difficulties.
  This past March, I followed up with the introduction of the Heroes at 
Home Act of 2007, S. 1065, the Restoring Disability Benefits for 
Injured and Wounded Warriors Act of 2007, S. 1064, and the Protecting 
Military Family Financial Benefits Act of 2007, S. 1063, to serve our 
servicemembers and send a message: you will be treated as heroes before 
deployment, during deployment, and upon returning home. You didn't 
offer excuses and do not deserve to be offered excuses by your country.
  Finally, Senator Evan Bayh and I introduced the Traumatic Brain 
Injury Access to Options Act, S. 1113, in order to provide a temporary 
and immediate solution to the discrepancy in health care services and 
benefits encountered by TBI patients.
  However, a broader and permanent solution is needed to assist all 
members and former members of the Armed Services who have incurred any 
type of combat-related injury. The mistreatment of servicemembers at 
Walter Reed and testimony from recent hearings in both the Senate Armed 
Services and Veterans Affairs Committees have revealed major gaps 
affecting servicemembers, including discrepancies in benefits for 
active duty and medically retired servicemembers; difficulties in 
obtaining needed care for wounded servicemembers transitioning from the 
Armed Services to civilian life; and disparities between the DoD and VA 
disability rating systems.
  Although the military, more often than not, offers quality health 
care services, wounded servicemembers often encounter barriers to 
receiving the optimal health benefit. The two major barriers are: (1) a 
confusing array of benefits; and (2) discrepancies between benefits for 
those on active duty versus those who are medically retired.
  Recent events at Walter Reed have highlighted the longstanding need 
to overhaul the DoD and VA disability rating systems, which are 
unnecessarily complex and result in delays in payment that hinder 
efforts of wounded servicemembers to support themselves and their 
families. On March 6, 2007, the Chief of Staff of the Army General 
Peter Schoomaker and then-Army Surgeon General Lieutenant General Kevin 
C. Kiley testified before the Senate Armed Services Committee that 
soldiers appearing before the Physical Evaluation Board were ``short-
changed'' and had not received appropriate disability benefits. 
According to the Congressional Research Service, since the enactment of 
the Traumatic Servicemembers Group Life Insurance program at least 45 
percent of claims have been denied. In March 2006 the Comptroller 
General issued GAO Report 06-362: Military Disability System: Improved 
Oversight Needed to Ensure Consistent and Timely Outcomes for Reserve 
and Active Duty Service Members--the Department of Defense did not heed 
the recommendations provided in this report and as a result injured and 
wounded warriors continue to languish in an inefficient and adversarial 
disability system. We must stop short-changing our wounded warriors.
  Finally, a blanket overlap of benefits and disability rating reform 
are necessary but not sufficient for addressing the needs of those who 
are wounded. In order to support an all-volunteer force and meet the 
needs of this generation's wounded warriors, it is critical to achieve 
efficient DoD and VA collaboration and coordination of assistance to 
members of the Armed Forces in their transition from Active Duty to 
civilian life. Thus, the duties of the existent VA Office of Seamless 
Transition must be terminated and transferred to a new organizational 
structure that will achieve the long-sought goals of seamless 
transition between the DoD and VA and improved coordination between 
these agencies.
  That's why I am introducing the Bridging the Gap for Wounded Warriors 
Act today, to ensure a continuum of care for severely injured 
servicemembers and fix the problems that stymie the transition process. 
I am grateful to have developed this proposal with the Wounded Warrior 
Project, the National Military Family Association, and the Military 
Officers Association of America.
  We should provide our wounded warriors with the best care options 
available. This legislation would establish a 2 year blanket overlap of 
active duty and veterans health services and benefits for severely 
injured service
members to facilitate their recovery and help resolve administrative 
problems like those found at Walter Reed. All costs of health care, for 
both active duty and medically retired servicemembers, will be paid for 
by the DoD. The provisions of this section shall take effect for those 
injured on or after October 7, 2001, but eligibility shall not include 
retroactive compensation for payments already made.
  We should also create a joint DoD-VA Office of Transition for the 
coordination of assistance to members of the Armed Forces in their 
transition from service in the Armed Forces to civilian life. The 
Office of Transition would absorb the duties of the existent VA Office 
of Seamless Transition as well as the functions and responsibilities of 
applicable offices within the Office of the Secretary of Defense, OSD. 
Leadership of the Office of Transition would consist of a Director and 
Deputy Director, who would both have seats on the Joint Executive 
Committee, JEC. The Secretaries of DoD and VA would have oversight of 
the Office of Transition, although the office would also be required to 
submit mandatory annual reports and biannual briefings to Congress. The 
GAO would also submit a biennial report on the Office of Transition's 
activities, in order to ensure that the Office's progress is not being 
stymied by the DoD or VA.
  Further, we should reform the current disability rating system to 
ensure that there is continuity of medical care and no disruption in 
compensation payments made to wounded service
members. My legislation would change the roles of the agencies, so that 
DoD would no longer assign the actual disability rating but would still 
determine fitness for duty and document such a decision in writing, 
while VA would assign final ratings for all service-connected injuries. 
Further, the legislation would repeal the provision in the Omnibus 
Reconciliation Act of 1982 that requires the delay in payment of VA 
benefits until the first day of the second month after they are 
entitled. This provision would eliminate the gap in payments and allow 
servicemembers to continue to support themselves and their families.
  Finally, we should do what we can to ensure that both DoD and VA 
medical facilities have the appropriate trained professionals to deal 
with the range of injuries that our wounded servicemembers now incur, 
including

[[Page S5937]]

traumatic brain injury, burns, amputations, vision problems, spinal 
cord injuries, and broken and fractured bones. In order to move in that 
direction, my legislation would require the GAO to submit a preliminary 
assessment and final report on the extent to which medical facilities 
of the DoD and VA offer interdisciplinary medical treatment for wounded 
members of the Armed Forces.
  Let us all join together in accepting our responsibility as a nation 
to those who serve and resolve to achieve efficient DoD and VA 
collaboration and coordination that is critical for supporting an all-
volunteer force and meeting the needs of this generation's wounded 
warriors.
  I ask unanimous consent letters of support for this legislation be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                 Military Officers


                                       Association of America,

                                      Alexandria, VA, May 9, 2007.
     Hon. Hillary Clinton,
     U.S. Senate,
     Washington, DC.
       Dear Senator Clinton: On behalf of the 362,000 members of 
     the Military Officers Association of America (MOAA), I am 
     writing to express MOAA's appreciation for your leadership in 
     sponsoring the Bridging the Gap for Wounded Warriors Act. 
     This piece of legislation will ensure a continuum of care for 
     all the severely injured servicemembers from OIF and OEF.
       The bill's three elements address the most significant 
     problems that currently stymie transition for our 
     servicemembers between DoD and VA programs. The two-blanket 
     overlap of health services addresses their health care 
     concerns. The transition office would institutionalize a 
     joint team of permanent DoD and VA personnel working together 
     to develop and implement solutions to long-standing, 
     unresolved transition issues. Finally, your bill would reform 
     the disability rating system to ensure fair and consistent 
     long-term compensation and benefits for wounded 
     servicemembers.
       We are proud of and grateful for the sacrifices our 
     military members and their families are willing to make for 
     our country. The extreme sacrifices of the wounded have 
     earned and deserve our special attention, which your bill 
     would deliver. We look forward to working closely with you in 
     seeking timely enactment of this legislation in the 110th 
     Congress.
           Sincerely,
                                                        Norb Ryan,
     President.
                                  ____

                                                 National Military


                                     Family Association, Inc.,

                                      Alexandria, VA, May 9, 2007.
     Hon. Hillary Rodham Clinton,
     U.S. Senate,
     Washington DC.
       Dear Senator Clinton: The National Military Family 
     Association (NMFA) is the only national organization whose 
     sole focus is the military family and whose goal is to 
     influence the development and implementation of policies that 
     will improve the lives of the families of the Army, Navy, Air 
     Force, Marine Corps, Coast Guard, and the Commissioned Corps 
     of the Public Health Service and the National Oceanic and 
     Atmospheric Administration. For more than 35 years, its staff 
     and volunteers, comprised mostly of military members, have 
     built a reputation for being the leading experts on military 
     family issues. On behalf of NMFA and the families it serves, 
     we commend your sponsorship of the Bridging the Gap for 
     Wounded Warriors Act.
       NMFA thanks you for recognizing the problems wounded 
     service members face as they recover from their injuries. In 
     addition to the family stress and the often-lengthy recovery 
     process in multiple medical facilities, wounded service 
     members must also navigate a complex maze through two 
     distinct disability benefit processes, that of the Department 
     of Defense (DoD) and the Department of Veterans' Affairs 
     (VA). NMFA believes this legislation acknowledges the need 
     for more coordination between the DoD and VA to create a 
     truly seamless transition for these service members and ease 
     the care burden on their families. NMFA endorses this 
     legislation as a first step in addressing the need for a 
     standardized approach to the DoD Medical Evaluation Board 
     (MEB), and Physical Evaluation Board (PEB) plus determination 
     for VA Disability Compensation. The legislation would also 
     respond to the need for wounded service members to receive 
     consistent quality care in both health care systems and for 
     the establishment of a ``joint office'' to address these 
     concerns.
       Thank you for your support of military service members and 
     veterans diagnosed with TBI, and the families who care for 
     them. If you have any questions you may contact Barbara 
     Cohoon in our Government Relations department.
           Sincerely,
                                                Tanna K. Schmidli,
     Chairman, Board of Governors.
                                  ____



                                      Wounded Warrior Project,

                                        New York, NY, May 9, 2007.
     Hon. Hillary Rodham Clinton,
     U.S. Senate,
     Washington, DC.
       Dear Senator Clinton: The Wounded Warrior Project (WWP) 
     strongly supports your legislation entitled the Bridging the 
     Gap for our Wounded Warriors Act. As a result of WWP's 
     direct, daily contact with the severely injured and their 
     families, we have identified three consistent issues causing 
     confusion and frustration among those most in need of 
     assistance. A discrepancy in benefits between the Departments 
     of Defense and Veterans Affairs, confusion during the actual 
     transition process, and the inconsistent and redundant 
     disability ratings system are all problems cited by the 
     wounded as obstacles they face as they attempt to recover. 
     The comprehensive provisions included in your bill will 
     address many of these issues and provide access to the care 
     and compensation our nation's heroes need as they continue in 
     their recovery.
       The first provision would establish a two-year overlap of 
     active duty and veterans benefits and services for severely 
     injured servicemembers. By removing the artificial barrier 
     between active duty service and veterans status, the bill 
     would allow those who are injured to enjoy the differing 
     benefits and health care services offered by each agency 
     regardless of their duty status.
       The second provision would establish a joint DoD-VA Office 
     of Transition to improve assistance from the two agencies as 
     members of the Armed Forces move from the Department of 
     Defense to the Department of Veterans Affairs. While there 
     are currently many entities within each agency charged with 
     assisting transitioning servicemembers, the creation of a 
     joint office with oversight over these programs and policies 
     will ensure a more coordinated effort on behalf of our 
     wounded servicemembers.
       Finally, the legislation would reform the current 
     disability ratings system to ensure consistency and fairness 
     in the ratings while providing immediate compensation for 
     those leaving the service.
       These provisions will go far towards insuring the long term 
     health and well-being of wounded service members. Again, WWP 
     thanks you for your leadership on these issues, and we stand 
     committed to assisting you in seeing this legislation through 
     to passage and enactment.
           Sincerely,
                                                    Meredith Beck,
                                         National Policy Director.
                                 ______