[Congressional Record Volume 155, Number 104 (Monday, July 13, 2009)]
[Senate]
[Page S7414]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY:
  S. 1444. A bill to amend title 38, United States Code, to clarify the 
meaning of ``combat with the enemy'' for purposes of service-connection 
of disabilities; to the Committee on Veterans' Affairs.
  Mr. KERRY. Mr. President, in order to reduce a 400,000 case backlog 
in disability claims, I am introducing legislation to make it easier 
for our veterans to enroll in Department of Veteran Affairs', VA, 
disability programs. Specifically, the Compensation Owed for Mental 
Health Based on Activities in Theater Post-Traumatic Stress Disorder 
Act or COMBAT PTSD Act will change the definition of ``combat with the 
enemy'' so veterans can more easily be enrolled in PTSD programs.
  It has become apparent that the nature of modern warfare is vastly 
different than it was in previous generations. In the past veterans 
were confronted with an identifiable enemy, on a battlefield that was 
much more easily discernible. This is no longer the case forcing our 
military to adapt to the changes of the battlefield. They have done so 
admirably--their ability to shift from a force designed to deliver 
quick decisive blows to a full spectrum force has been extremely 
impressive. Every American can agree that the men and women in uniform 
today deserve nothing but the best resources available to them.
  Unfortunately, when our veterans return home they too often find a 
wait of approximately six months for their claims to the VA to be 
filed. This is unacceptable. It most certainly does not reflect the 
level of sacrifice and commitment that they have given to this nation. 
I know we can do better.
  During previous conflicts the definition of ``combat with the enemy'' 
was simply determined by an individual's appearance on the front lines. 
However, today's battlefields may not include a front line as they have 
in past conflicts. We are using a 20th century model to diagnose and 
treat individuals returning from a 21st century conflict.
  My legislation reflects these changes in conflict to ensure that our 
men and women in the military gain access to VA programs as soon as 
possible. It changes the VA's definition of ``combat with the enemy'' 
to include those that have served in a theater of operations, or in 
combat against a hostile force during a period of hostilities. This 
will more accurately reflect the current face of conflict.
  President Obama's recent increase in the number of VA claim 
processors is certainly a good start, but those of us in Congress need 
to do our part to support this effort. With nearly 400,000 claims 
unprocessed it is time that we expedite this process. The men and women 
who have served honorably in our Nation's military who need our help 
cannot return to a bureaucratic maze.
  I ask all my colleagues to support this legislation.
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