[Congressional Record Volume 154, Number 54 (Monday, April 7, 2008)]
[Senate]
[Page S2638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 2825. A bill to amend title 38, United States Code, to provide a 
minimum disability rating for veterans receiving medical treatment for 
a service-connected disability; to the Committee on Veterans' Affairs.
  Mr. AKAKA. Mr. President, today I introduce the Veterans' 
Compensation Equity Act of 2008. This legislation would mandate fair 
and equitable ratings for veterans whose disabilities require 
continuous medication or the use of adaptive devices, such as hearing 
aids.
  Specifically, the bill would require that all veterans who receive 
continuous medication or require use of one or more adaptive devices, 
such as hearing aids, prescribed by the Department of Veterans Affairs 
or other licensed health care provider for treatment of a service-
connected disability, shall be rated at not less than 10 percent.
  The amount of compensation veterans with service-connected conditions 
receive is based on a disability rating, which VA assigns. VA uses its 
rating schedule to determine which rating to assign to a veteran's 
particular condition. Currently the rating schedule provides a minimum 
compensable rating of 10 percent or higher for most but not all 
disabilities that require continuous medication. I do not see any 
reason why one veteran who requires continuous medication for treatment 
of a service-connected disability, such as diabetes or asthma, should 
receive a compensable rating and another veteran who requires 
continuous medication for treatment of another disability, such as 
hypertension or chronic sinusitis, is assigned a zero percent rating 
and receives no compensation.
  This legislation would also provide a minimum compensable rating when 
a veteran requires the use of a hearing aid or other adaptive device, 
but is nonetheless assigned a noncompensable rating under the current 
rating schedule. The use of adaptive devices prescribed by a Department 
of Veterans Affairs or other licensed health care provider for 
treatment of a service-connected condition would result in a rating of 
at least 10 percent.
  It is important that veterans who are disabled as a result of 
military service are compensated in a fair and equitable manner. 
Providing different compensation for different medical conditions that 
all require continuous medication or adaptive devices is not just.
  I urge all of my colleagues to support this measure, so that veterans 
seeking compensation will be treated in a fair and equitable manner.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2825

       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' Compensation 
     Equity Act of 2008''.

     SEC. 2. MINIMUM DISABILITY RATING FOR VETERANS RECEIVING 
                   CERTAIN MEDICAL TREATMENT FOR A SERVICE-
                   CONNECTED DISABILITY.

       Section 1155 of title 38, United States Code, is amended by 
     inserting after the third sentence the following new 
     sentence: ``For each veteran requiring continuous medication 
     or the use of one or more adaptive devices, such as a hearing 
     aid, prescribed by the Department or other licensed health 
     care provider for treatment of a service-connected 
     disability, the Secretary shall assign a disability rating 
     for such disability of not less than 10 percent.''.

                          ____________________