[Congressional Record Volume 153, Number 91 (Thursday, June 7, 2007)]
[Senate]
[Pages S7340-S7344]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 1569. A bill to establish a pilot program on the provision of 
legal services to assist veterans and members of the Armed Forces 
receive health care, benefits and services, and for other purposes; to 
the Committee on Veterans' Affairs.
  Mr. FEINGOLD. Mr. President, today I am introducing the Veterans 
Advocacy Act of 2007. This bill would create a grant program for 
organizations providing pro bono legal representation to servicemembers 
and veterans to ensure that they receive the health care and benefits 
to which they are entitled.
  The men and women of the Armed Services have served this Nation 
honorably and deserve the best health care and benefits available. 
However, as recent revelations about the extent of bureaucratic delays 
at the Walter Reed Army Medical Center demonstrate, these brave 
individuals face a series of hurdles as they navigate the health care 
and disability compensation processes. Many of them are forced to turn 
to their representatives in Congress for help cutting through the red 
tape. I have heard from many military personnel and veterans who are 
frustrated with the system or unaware of Federal health care and other 
benefits for which they may be eligible. I regret that the system too 
often makes the burden of proving that a condition is related to 
military service nearly insurmountable. Our men and women in uniform 
deserve the benefit of the doubt, and should not have to fight the 
Department of Defense or the Department of Veterans Affairs for 
benefits that they have earned through their service to our Nation.
  Numerous reports have detailed the range of administrative and legal 
hurdles injured servicemembers will face when they return home. Service 
members returning with unprecedented rates of post traumatic stress 
disorder, PTSD, and traumatic brain injury, TBI, will struggle to get 
the medical records they need to file benefits claims. Those with 
severe TBI that does not show up on brain scans will have an even 
harder time establishing that they need compensation. Those with 
profound TBI may be prematurely relegated to care in a nursing home 
when, with proper assistance, they may be fully capable of living 
independent lives in the community. The Government Accountability 
Office reported

[[Page S7341]]

that over 75 percent of servicemembers who screen positive for PTSD 
will not be referred to a mental health professional. Members of the 
Guard and Reserves face additional hurdles to gain access to military 
doctors. This is unacceptable.
  I commend my colleagues for their support of increased funding for 
the military and veterans' health care systems in the 2007 emergency 
supplemental. However, I am concerned that unless veterans have 
independent advocates to ensure that they are receiving top notch care 
and that they are aware of the benefits to which they are entitled, 
these additional funds may be mismanaged. Last November, the Government 
Accountability Office reported that for the last two years the 
Department of Veterans Affairs has not expended all the funds allocated 
for mental health initiatives. My bill would ensure that service 
members and veterans who have trouble accessing the care to which they 
are entitled will have an advocate outside the chain of command who can 
negotiate with the Departments to ensure proper care.
  In addition to helping ensure that service members and veterans 
receive top notch care, my bill would help service members and veterans 
overcome legal barriers to obtaining benefits. During the Veterans' 
Affairs Committee's hearing on benefits legislation, Meredith Beck of 
the Wounded Warrior Project summarized the problem as follows: ``In 
many of the cases we have seen, the creation of new benefits wasn't 
needed to aid the service member, rather, the wounded warrior just 
needed to have the existing benefits systems better explained and 
untangled in order to understand what was available to them.''
  Fortunately, service members and veterans benefit from the services 
of a nationwide system of veterans and military service organizations. 
However, the system is simply overwhelmed. It will be further inundated 
when the over 170,000 servicemembers deployed in Iraq and Afghanistan 
return home. I want to be clear that the purpose of this legislation is 
to supplement the existing network of advocates to ease the caseload of 
overburdened service officers and allow them to spend more time per 
case helping veterans and service members.
  Congress has a responsibility to simplify the system and ensure that 
it gives service members and veterans the benefit of the doubt when 
they seek assistance for service-connected disabilities. It is my hope 
that the majority of veterans will not need legal representation. But 
the reality is that many veterans face unnecessary delays and appeals 
of legitimate compensation claims that could be avoided if there were 
enough advocates to ensure that every veteran's case is carefully 
developed from the beginning. Several judges of the Court of Appeals 
for Veterans Claims have described the importance of ensuring that 
veterans have legal representation throughout the claim process. Judge 
Holdaway summarized the need as follows:

       If you get lawyers involved at the beginning, you can focus 
     in on what is this case about. I think you would get better 
     records, you would narrow the issue, there would be screening 
     . . . I think if we had lawyers involved at the beginning of 
     these cases, it would be the single most fundamental change 
     for the better that this system could have.

  While the need for legal representation in complicated cases is 
clear, I do not believe that veterans should have to pay for legal 
representation just to get the benefits they earned through their 
service. I have been troubled when I have heard that service members 
are seeking expensive legal assistance to help them overcome daunting 
administrative and legal hurdles. Fortunately, there are legal service 
organizations and attorneys who are willing to provide assistance to 
these service members and veterans free of charge. The purpose of this 
bill is to help these organizations get the training they need to help 
veterans and service members.
  The bill would establish a pilot program of one-year grants to 
organizations that have experience serving veterans or persons with 
disabilities. The Veterans Administration will be charged with 
appointing a committee to disburse the grants. The committee shall be 
composed of veterans and military service officers, veterans and 
disability legal service attorneys, and representatives of the 
Department of Veterans Affairs employees and the Department of Defense. 
The Secretary of Veterans Affairs will be required to submit a report 
to Congress on the number of individuals served and the kinds of 
assistance they received as a result of the pilot program.
  In order to avoid adding to our country's sizable debt, the $1 
million cost of this program is taken from the $3 billion appropriated 
to the defense health program by the 2008 supplemental spending bill. 
The grant program will help ensure that these funds are spent wisely.
  Veterans and military service organizations that currently employ 
attorneys will be eligible to receive the grants either to provide 
legal services at no charge or to provide training to other pro bono 
attorneys. The bill will also help servicemembers and veterans access 
the services of the federally funded and mandated protection and 
advocacy system for persons with disabilities. This system has lawyers 
in every state who are trained to help people with disabilities obtain 
the benefits, health care and services they need to live independent 
lives. These attorneys are uniquely qualified to, for example, ensure 
that veterans with PTSD are properly diagnosed and treated and to 
prevent those with TBI from being placed in nursing homes when they are 
capable of living in the community. Many veterans have been seeking out 
their assistance but the system is currently overwhelmed. I have 
included a description of the assistance that the protection and 
advocacy systems have been providing veterans. This bill would help 
foster collaboration between lawyers with expertise in veterans' law 
and those with expertise in disability law.
  I commend my colleagues who have offered bills to increase funding 
for the care of service members and veterans, to expand necessary 
benefits and to ensure that our military and veterans health care 
systems offer the best care available. In order to ensure that service 
members and veterans are able to capitalize on these important reforms, 
they need independent advocates who can help them cut through the red 
tape. My bill would help expand the cadre of experienced advocates who 
will do just that. The bill has been endorsed by the National 
Organization of Veterans Advocates, the Vietnam Veterans of America and 
the Protection and Advocacy System's National Disability Rights 
Network.
  I ask unanimous consent that the text of the bill and supporting 
material be printed in the Record.
  There being no objection, material was ordered to be printed in the 
Record, as follows:

                                S. 1569

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans Advocacy Act of 
     2007''.

     SEC. 2. PILOT PROGRAM ON PROVISION OF LEGAL ASSISTANCE TO 
                   ASSIST VETERANS AND MEMBERS OF THE ARMED FORCES 
                   RECEIVE HEALTH CARE, BENEFITS, AND SERVICES.

       (a) Pilot Program Required.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     carry out a pilot program to assess the feasibility and 
     advisability of utilizing eligible entities to provide legal 
     services to assist veterans and members of the Armed Forces 
     in applying for and receiving health care, benefits, and 
     services.
       (2) Consultation.--The Secretary of Veterans Affairs shall 
     carry out the pilot program in consultation with the 
     Secretary of Defense.
       (b) Grants.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     carry out the pilot program through the award of grants to 
     eligible entities selected by the panel established in 
     accordance with subsection (d)(1) for--
       (A) the provision of legal services at no cost to members 
     of the Armed Forces and veterans as described in subsection 
     (a)(1); or
       (B) the provision of legal training to attorneys of 
     eligible entities on the health and benefits programs of the 
     Department of Defense and the Department of Veterans Affairs 
     to facilitate the provision of legal services described in 
     subsection (a)(1).
       (2) Awarding grants.--Grants under this subsection shall be 
     awarded to eligible entities selected pursuant to subsection 
     (d) not later than 180 days after the date of the enactment 
     of this Act.
       (3) Number of grants.--
       (A) In general.--The Secretary shall award 10 grants under 
     the pilot program.
       (B) State-designated protection and advocacy systems.--Not 
     less than five of the grants awarded under the pilot program

[[Page S7342]]

     shall be awarded to State-designated protection and advocacy 
     systems.
       (4) Grant amount.--The amount of each grant awarded under 
     the pilot program shall be determined by the selection panel 
     described in subsection (d)(1), except that each such grant 
     may not be awarded in an amount that--
       (A) exceeds $100,000; or
       (B) is less than $25,000.
       (5) Duration.--The duration of any grant awarded under the 
     pilot program may not exceed one year.
       (6) Avoidance of frivolous benefit claims.--An eligible 
     entity that receives a grant under this subsection shall make 
     reasonable efforts to avoid representing veterans and members 
     of the Armed Forces with respect to frivolous benefits 
     claims.
       (c) Eligible Entities.--For purposes of this subsection, an 
     eligible entity is any entity or organization, including a 
     State-designated protection and advocacy systems, that--
       (1) is not part of the Department of Veterans Affairs or 
     the Department of Defense; and
       (2) provides legal services by licensed attorneys with 
     experience assisting veterans, members of the Armed Forces, 
     or persons with disabilities.
       (d) Selection of Grant Recipients.--
       (1) Selection by panel.--
       (A) In general.--Each application submitted under paragraph 
     (2) shall be evaluated by a panel appointed by the Secretary 
     for purposes of the pilot program. The panel shall select 
     eligible entities for receipt of grants under subsection (b) 
     from among the applications so evaluated.
       (B) Membership of panel.--Members of the panel shall be 
     appointed in equal numbers from among individuals as follows:
       (i) Officers and employees of the Department of Veterans 
     Affairs.
       (ii) With the approval of the Secretary of Defense, 
     officers and employees of the Department of Defense.
       (iii) Representatives of veterans service organizations.
       (iv) Representatives of organizations that provide services 
     to members of the Armed Forces.
       (v) Attorneys that represent veterans.
       (vi) Attorneys employed by a State-designated protection 
     and advocacy system.
       (2) Application.--An eligible entity seeking a grant under 
     the pilot program shall submit to the Secretary of Veterans 
     Affairs an application therefor in such form and in such 
     manner as the Secretary considers appropriate.
       (3) Elements.--Each application submitted under paragraph 
     (2) shall include the following:
       (A) In the case of an eligible entity applying for a grant 
     under subsection (b)(1)(A), the following:
       (i) A description of the population of members of the Armed 
     Forces and veterans to be provided assistance.
       (ii) A description of the outreach to be conducted by the 
     eligible entity concerned to notify members of the Armed 
     Forces and veterans of the availability of such assistance.
       (B) In the case of an eligible entity applying for a grant 
     under subsection (b)(1)(B), the following:
       (i) A description of the population of attorneys to be 
     provided training.
       (ii) A description of the outreach to be conducted by the 
     eligible entity concerned to notify attorneys of the 
     availability of such training.
       (C) In the case of an eligible entity applying for a grant 
     under subparagraphs (A) and (B) of subsection (b)(1), the 
     elements described in subparagraphs (A) and (B) of this 
     paragraph.
       (e) Report.--Not later than one year after the date 
     described in subsection (b)(2), the Secretary of Veterans 
     Affairs shall submit to the Committee on Veterans' Affairs of 
     the Senate and the Committee on Veterans' Affairs of the 
     House of Representatives a report on the pilot program 
     required by subsection (a), including the following:
       (1) The number of veterans and members of the Armed Forces 
     that received assistance or services from such pilot program.
       (2) A description of the assistance and services provided 
     as part of such pilot program.
       (f) Definitions.--In this section:
       (1) State-designated protection and advocacy system.--The 
     term ``State-designated protection and advocacy system'' 
     means a system established in a State to protect the legal 
     and human rights of individuals with developmental 
     disabilities in accordance with subtitle C of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15041 et seq.).
       (2) Veterans service organization.--The term ``veterans 
     service organization'' means any organization organized by 
     the Secretary of Veterans Affairs for the representation of 
     veterans under section 5902 of title 38, United States Code.
       (g) Funding.--Of amounts appropriated for ``Defense Health 
     Program'' in the U.S. Troop Readiness, Veterans' Care, 
     Katrina Recovery, and Iraq Accountability Appropriations Act, 
     2007 (Public Law 110-28), $1,000,000 shall be available for 
     fiscal year 2008 to carry out the provisions of this section 
     and not for the purposes for which appropriated by such Act. 
     Any amount made available by this subsection shall remain 
     available without fiscal year limitation.
                                  ____


Examples of the Protection and Advocacy (P&A) System's Interaction with 
                                Veterans


                                 alaska

       The Alaska P&A has been visiting the VA Domiciliary, a 50-
     bed domiciliary residential rehabilitation treatment program 
     for homeless veterans, to provide information on their 
     services and has begun to provide advocacy and services to a 
     number of veterans with disabilities. They have been 
     averaging 15-20 appointments at the facility a month. The 
     advocacy assistance the Alaska P&A provided has encompassed 
     activities directed at obtaining and/or maintaining housing, 
     securing government benefits, SSI, Medicaid, and working with 
     individuals seeking employment accommodations.
       The Alaska P&A has also developed and disseminated a 
     resource guide about educational supports for people with 
     Traumatic Brain Injury, TBI.


                                arizona

       The Arizona P&A has partnered with a case manager in a 
     veterans group to work with returning veterans with 
     disabilities and help them obtain the services and benefits 
     they deserve. The Arizona P&A has worked to ensure voting 
     access for veterans with disabilities in Arizona.
       The Arizona P&A also cosponsored a day-long conference in 
     collaboration with the Governor's Council on Spinal Cord and 
     Head Injuries on TBI to provide information on benefits and 
     services individuals, including veterans, who have suffered a 
     TBI are eligible to receive.


                               california

       A peer/self advocacy coordinator in the San Diego P&A 
     office holds weekly training and information sessions with 
     veterans. One of the sessions occurs at the P&A's office 
     while the other takes place at the VA facility.
       The California P&A represented residents of a veteran's 
     hospital who had been denied access to voter registration 
     services. The issue arose after it was learned that a VA 
     Medical Center was refusing to allow advocates for people 
     with disabilities to conduct voter registration on the 
     campus. In addition, some residents were not being permitted 
     to register, regardless of their competence. Ultimately, the 
     VA reversed its position and allowed voter registration on 
     the medical campus.


                                colorado

       The Colorado P&A is coordinating with an Army caseworker to 
     help veterans with disabilities make the transition back into 
     the community. They also offered voter registration at the 
     Denver Veterans Affairs Medical Center to help ensure 
     returning veterans maintain their right to vote.


                                georgia

       The Georgia P&A has been working with veterans with 
     disabilities who are encountering problems returning to work. 
     They have also reached out to the people running a program 
     demonstrating how veterans with poly-trauma, TBI, Post 
     Traumatic Stress Disorder, PTSD, and other mental health 
     issues can return to work and how the P&A system could be a 
     great resource for these veterans.


                                 hawaii

       The Hawaii P&A has been a featured speaker at the military 
     families Children's Community Council on Oahu and continues 
     to assist an ever growing number of military families who 
     have children with special education needs. The Hawaii P&A 
     has also done outreach to a wide group of military service 
     programs on the island regarding benefits and services they 
     can provide to veterans who have suffered a TBI. They have 
     also formed a collaboration with the Christopher Reeves 
     Foundation to help with the Foundation's work with returning 
     veterans from Iraq that have been diagnosed with a TBI.


                                illinois

       The Illinois P&A has provided training and information to 
     VA staff and also met with VA hospital social workers and 
     administrative staff to provide training and information to 
     help veterans with disabilities make the transition from VA 
     care to the community.
       The Illinois P&A has also helped a veteran who was in a 
     Veteran's Home integrate into the community following a 
     stroke. The Illinois P&A worked in conjunction with the local 
     center for independent living to assist the client in finding 
     his own apartment and getting a personal care attendant to 
     address his support needs.


                                  iowa

       The Iowa P&A has received a number of individual contacts 
     from veterans in Iowa's VA Hospitals seeking help accessing 
     veterans' benefits and services as well as community 
     programs. Their staff has encountered a variety of challenges 
     while attempting to meet directly with a client in a VA 
     hospital.
       The Iowa P&A also worked with an individual who had 
     concerns that if he returned to work that he would lose his 
     Social Security benefits. The Protection and Advocacy for 
     Beneficiaries of Social Security, PABSS, advocate explained 
     that he had options available without immeadiately losing his 
     benefits and he was eventually able to reenter the workforce 
     in a situation he was comfortable with.


                                 kansas

       The Kansas P&A has been providing information and training 
     to the staff and veterans at the Kansas VA facilities and is 
     working on outreach to the Kansas veterans

[[Page S7343]]

     groups to provide information and assistance to help veterans 
     with disabilities make the transition back to the 
     community.
       The Kansas P&A also worked to help a veteran successfully 
     move from a VA nursing facility back into the community. 
     Additionally, they are helping a veteran who was authorized 
     by the VA to have a surgery at a university medical center. 
     He suffered complications from the surgery which required 
     additional hospitalization and the P&A is working to get the 
     VA to pay for the followup treatments related to the 
     complications.


                                kentucky

       The Kentucky P&A has done outreach to the Kentucky Veterans 
     Affairs Office, the Joint Executive Council of Veterans, as 
     well as to all the state's Veterans Centers, and all the 
     state chapters of the Disabled American Veterans.


                               louisiana

       The Louisiana P&A helped a client successfully appeal a 
     denial from the VA to pay a private hospital for in-patient 
     mental health treatment. They then had to represent the same 
     client when the hospital tried to collect the remaining 
     balance. The Louisiana P&A was able to show that the hospital 
     is barred from collecting additional funds from a patient 
     whose care was paid for under a VA contract. With the help of 
     the Louisiana P&A, the veteran was able to receive 
     appropriate mental health services and afforded protection 
     from the hospital's illegal collection efforts.


                                 maine

       The Maine P&A has had meetings with the Director of the 
     State VA Services in order to identify benefits and services 
     available to veterans with disabilities and their families 
     after the veteran is discharged from the VA. They have also 
     provided trainings and information to National Guard units in 
     the State about the resources that are available for veterans 
     with disabilities.


                             massachusetts

       The Massachusetts P&A had a case of a former marine 
     sergeant who had suffered partial hemiparesis and a TBI. This 
     affected his ability to speak and forced him to communicate 
     with gestures and a special set of picture cards. This type 
     of communication created problems and misunderstanding at his 
     job, and his eventual termination. The Massachusetts P&A was 
     able to work with his employer to find him another job within 
     the company.


                                michigan

       The Michigan P&A has been working on a variety of issues 
     involving veterans, including access to polling facilities 
     and voting booths, public transportation systems, and 
     community projects. They also worked to address community 
     reintegration issues faced by a veteran in a VA facility far 
     from his home when he became eligible for discharge. The 
     P&A's work allowed the veteran to return to his home 
     community.


                               Minnesota

       The Minnesota P&A has held trainings with the National 
     Alliance on Mental Illness, NAMI, at VA hospitals in the 
     State concerning benefits and services for veterans with 
     disabilities. They have also been contacted by some veterans 
     with disabilities to help get the benefits and services they 
     require. For example, the Minnesota P&A assisted a veteran 
     with a TBI move from a State hospital back to her home with 
     needed community supports.


                                Missouri

       The Missouri P&A worked with a man who had spent much of 
     his adult life in the military, but was discharged after 
     suffering a TBI. This veteran needed help obtaining services 
     in order to build a new career. The Missouri P&A helped him 
     identify affordable, accessible housing and arranged 
     accommodations from the school, VA and vocational 
     rehabilitation as he embarks on training for his new career.


                                Montana

       The Montana P&A had a veteran with a TBI who needed 
     assistance getting the schools he was attending for his 
     degree to better coordinate the Montana Vocational 
     Rehabilitation and VA benefits he was receiving in order to 
     afford his education. The Montana P&A was able to work out an 
     agreement so that the institutions accepted payments from 
     both sources so the veteran did not have any out-of-pocket 
     cost for his tuition.


                                Nebraska

       The Nebraska P&A has initiated contact with the County 
     Veteran Service Officers group in Nebraska and the local VFW 
     and American Legion representatives. They recently made a 
     presentation at the County Veteran Service Officers group's 
     annual meeting about the P&A system. Their goal is to not 
     supplant their work assisting veterans within the VA system 
     but to be a resource for veterans with disabilities who are 
     returning to their communities and their families.


                                 Nevada

       The Nevada P&A has been providing information and training 
     to veterans family support groups and an organization working 
     with homeless veterans on the services and benefits available 
     for veterans with disabilities.


                             New Hampshire

       The New Hampshire P&A has attempted to carry out the 
     external advocacy activities as set forth in the VA handbook, 
     but so far has been unable to do so because of resistance of 
     the VA staff.


                               New Jersey

       The New Jersey P&A has been working with two veterans on 
     employment related issues. One is an employment 
     discrimination complaint, and the other one is a complaint 
     against the Division of Vocational Rehabilitative Services 
     within the New Jersey Department of Labor for services 
     needed. The New Jersey P&A has also been holding trainings 
     and providing information to VA hospitals in the State as 
     well as family support groups and the National Guard.


                                New York

       The New York P&A has been working with the New York State 
     Department of Health to identify and address the needs of 
     veterans returning from Iraq and Afghanistan who have brain 
     injuries and their families. They have also been working to 
     create a primary advisory board comprised of veterans groups 
     and health groups to help address the needs of veterans with 
     disabilities. Finally, the New York P&A has taken calls and 
     emails from veterans and their families to provide them 
     assistance through every P&A program.
       For example, the New York P&A represented a veteran in a 
     disability claim on referral from the Clinton County Veteran 
     Services office. Among other things, this veteran had 
     cognitive problems caused by a buildup of fluid on his brain. 
     Through the New York P&A's work, his claim was allowed after 
     a hearing.


                              North Dakota

       The North Dakota P&A has worked with the North Dakota 
     Legislature on state legislation to help veterans with 
     disabilities, and has held a Statewide training session to 
     learn more about the VA system as well as provide information 
     on community services available to returning veterans with 
     disabilities.


                           Northern Marianas

       The Northern Marianas P&A has been working closely with the 
     Office of Military Liaison on training and technical 
     assistance to help address the needs of returning veterans 
     with disabilities.


                                  Ohio

       The Ohio P&A represented a 44-year-old veteran who, while 
     in treatment for mental illness, was threatened with eviction 
     by his HUD-subsidized landlord. Compounding the problem, the 
     VA withdrew the client's community services funding for a 
     home health aide, which the client required. The Ohio P&A 
     worked with the client's HUD landlord, multiple provider 
     agencies, the VA community services nurse, VA case workers, 
     the VA ombudsman, the VA psychologist, and the VA attorney 
     regarding client's service needs and his legal rights related 
     to his disability. Ultimately, the client's landlord agreed 
     to withdraw eviction threat and the VA restored funding for a 
     home health aide.


                              pennsylvania

       The Pennsylvania Protection and Advocacy system organized a 
     Brain Injury Awareness Day at the Lebanon and Coatesville 
     Veterans Administration Medical Centers for staff and 
     veterans. Following the success of this event, the 
     Pennsylvania P&A was invited back for a day of in-service 
     staff training and technical assistance at the Lebanon 
     facility.
       At that time, the Pennsylvania P&A hopes to meet the 
     veterans and see who would like advocacy assistance. They 
     feel this is especially needed because VA staff and the 
     veterans need to be connected with and aware of the 
     community-based services they can access and use.
       The Pennsylvania P&A has also successfully worked for a 
     veteran who had suffered a service-connected brain injury 
     which left him unable to walk or perform activities of daily 
     living on his own. The VA ratings board contested that he is 
     100 percent disabled, and refused to offer special 
     compensation. The Pennsylvania P&A helped the veteran obtain 
     the necessary documentation to connect the brain injury to 
     his physical disabilities so that special compensation could 
     be provided.


                              rhode island

       The Rhode Island P&A has formed an internal veterans' 
     outreach work group which has met with individual veterans 
     organizations in the State and has participated in the 
     State's ``Veterans Task Force of Rhode Island'', providing 
     information and training on the benefits and services 
     available to veterans with disabilities.


                             south carolina

       The South Carolina P&A has provided training and technical 
     assistance to administrative staff at the Richard M. Campbell 
     Veterans Nursing Home in Anderson, SC. The training focused 
     on the legal rights of people with disabilities, including 
     veterans.


                              south dakota

       The South Dakota P&A has been establishing contact with VA 
     medical centers, outpatient clinics, and a VA sponsored 
     support group for veterans to provide information about 
     available resources. They also participate in the Veterans' 
     Services Officers' Congressional Forum. The South Dakota P&A 
     shares the same concern that the Pennsylvania P&A has that 
     beyond its health care services the VA does not provide a lot 
     of community-based services other than vocational. As a 
     result, they have been working with the patient advocate at 
     the VA hospital to help veterans with disabilities make

[[Page S7344]]

     the transition into long-term care and housing following 
     discharge from the VA hospital.


                                 texas

       The Texas P&A has been working on several cases for 
     veterans with disabilities to access VA services. One of the 
     cases was a veteran living in a State hospital that had her 
     lump-sum VA benefits unlawfully taken by the hospital without 
     her knowledge or consent and applied retroactively to pay 
     for her support, maintenance, and treatment while she was 
     at the state hospital. The Texas P&A was able to recover 
     these funds and arrange for a new representative payee for 
     the client.


                                  utah

       The Utah P&A has been providing training and information at 
     the VA facilities in Utah on the resources, services, and 
     benefits that exist for veterans that have suffered a TBI.


                                vermont

       The Vermont P&A has held trainings at the White River 
     Junction VA facility for staff and veterans. They are also in 
     the midst of presenting veterans, National Guard, and family 
     groups information about TBI resources at four sites around 
     the State. They have also collaborated with personnel at the 
     VA to support a project to identify veterans who are inmates 
     who might qualify for benefits upon release.
       They have also recently been contacted about three issues 
     they are pursuing on behalf of veterans with disabilities. 
     One is a veteran in the psychiatric unit at Rutland Regional 
     Medical Center who had been turned down for VA care. Another 
     case is a veteran at the VA who had concerns about his 
     medications. The third case is a woman veteran from the 
     Northeast Kingdom who has a mental health issue, referred 
     from the Mental Health unit at the VA.


                                virginia

       The Virginia P&A, to the extent they are being allowed to, 
     are providing education and advocacy services at Virginia's 
     VA facilities.


                               washington

       The Washington Protection & Advocacy System has 
     investigated allegations of abuse and neglect at a veterans' 
     inpatient mental health facility, advocated for veterans with 
     Post-Traumatic Stress Disorder to maintain vital mental 
     health services, and assisted veterans seeking access to 
     outpatient VA mental health services. They have also 
     advocated for veterans regarding assistive technology and 
     Tricare coverage. In addition, they have provided information 
     and referrals to veterans on issues of housing, access to 
     medical care, employment, guardianship, and the VA appeal and 
     grievance procedures.
       One of those cases was a veteran who received physical and 
     mental health services from the VA but wanted to be able to 
     choose who his mental health provider would be. He was 
     initially told that if he changed mental health providers, he 
     would lose his other healthcare services. The Washington P&A 
     provided the veteran with self-advocacy strategies about how 
     to request his preferred service, how to go through the chain 
     of command, and how to utilize his supporters. Ultimately, 
     the veteran was allowed to change his mental health provider 
     without threatening his other healthcare services.
       In 2005, the Washington P&A system created a project to 
     conduct outreach to underserved veterans with disabilities. 
     This project focused on issues of access to benefits and 
     assistance, housing, employment, and assistive technology 
     issues. They have also attended a variety of assistance fairs 
     conducted by the Washington State Department of Veterans 
     Affairs and worked with a number of veterans' service 
     organizations and the VA on staff training sessions and 
     outreach to veterans with disabilities.


                               wisconsin

       The Wisconsin P&A has provided training and information to 
     the State Veterans Administration, as well as veterans with 
     disabilities. These trainings address the barriers veterans 
     with disabilities, who also receive Social Security benefits, 
     face, as well as suggest possible solutions.


                                wyoming

       The Wyoming P&A has been working with the National Guard 
     State Family Assistance Center to address the needs of 
     returning National Guard members with disabilities. They also 
     attend the Inter-Service Family Assistance Committee meeting 
     where they gave presentation on P&A services and distributed 
     information packets. The Wyoming P&A has also been helping 
     military families at bases located in Wyoming with matters 
     related to special education.
                                 ______