[Congressional Record Volume 157, Number 31 (Thursday, March 3, 2011)]
[Extensions of Remarks]
[Page E416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


        INTRODUCING THE VETERANS PENSIONS PROTECTION ACT OF 2011

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                         HON. ALCEE L. HASTINGS

                               of florida

                    in the house of representatives

                        Thursday, March 3, 2011

  Mr. HASTINGS of Florida. Mr. Speaker, I rise today to introduce the 
Veterans Pensions Protection Act of 2011, which willprotect veterans 
from losing their pension benefits because they received payments to 
cover expenses incurred after an accident, theft, loss or casualty 
loss.
  When assessing a veteran's eligibility for a pension, the Department 
of Veterans Affairs (VA) considers a variety of sources of revenue to 
determine a veteran's annual income. If such income exceeds the income 
limit set by the VA, the veteran does not qualify for a pension or 
loses their benefits. Currently, the VA considers any reimbursement 
that compensates a veteran for his/or her expenses due to accidents, 
theft or loss as income. Only reimbursements of expenses related to 
casualty loss are currently exempted from determination of income.
  Under current law, if a veteran is seriously injured in an accident 
or the victim of a theft and receives insurance compensation to cover 
his/or her medical expenses, the cost of replacement of the stolen 
items, or for pain and suffering, he/or she will likely lose their 
pension. This means that the law effectively punishes veterans when 
they suffer from such an accident or theft.
  Such a tragedy happened to one of my constituents, a Navy veteran 
with muscular dystrophy who was hit by a truck when crossing the street 
in his wheelchair. His pension was abruptly cut off after he received 
an insurance settlement payment to cover medical expenses for himself 
and his service dog, and material expenses to replace his wheelchair. 
As a result, he fell below the poverty line, could not cover his daily 
expenses and mortgage payments, and almost lost his home!
  There is clearly something wrong with a law that cancels veterans' 
pensions following the award of an insurance payment, which was only 
intended to cover exceptional medical expenses. I am distraught that 
the VA can cancel the pensions of unemployed and disabled veterans 
without further notice. The VA has a moral responsibility to care for 
our veterans and ensure that they live decent lives.
  The Veterans Pensions Protection Act will amend the U.S. Code to 
exempt the reimbursement of expenses related to accidents, theft, loss 
or casualty loss from being included into the determination of a 
veteran's income. This will guarantee the continuity of our veterans' 
pensions and that no veteran will have their benefits unfairly and 
abruptly depreciated or cancelled.
  Mr. Speaker, this legislation will fix a loophole under existing law 
to ensure that pensions are issued to veterans who legitimately meet 
the income criteria and rely on such benefits to survive. We must enact 
regulations that help veterans live better lives, not hurt them. At a 
time when our nation's servicemen and women are fighting two wars 
abroad, we have a duty to our past, present, and future veterans to 
provide them with the very best services and benefits. We owe our 
veterans an enormous debt, and cannot thank them enough for their 
service. I urge my colleagues to support this important bipartisan 
legislation.

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