[Congressional Record Volume 159, Number 46 (Tuesday, April 9, 2013)]
[Extensions of Remarks]
[Page E392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        INTRODUCING THE VETERANS PENSIONS PROTECTION ACT OF 2013

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                         HON. ALCEE L. HASTINGS

                               of florida

                    in the house of representatives

                         Tuesday, April 9, 2013

  Mr. HASTINGS of Florida. Mr. Speaker, I rise today to reintroduce the 
Veterans Pensions Protection Act of 2013, which will help protect our 
nation's veterans from unfairly losing their pensions 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, or the cost for pain and suffering, he or 
she will likely lose their pension. This means that the law effectively 
punishes veterans when they are involved in 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, as well as material expenses to replace his 
wheelchair. As a result, he 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.
  This happens, because the Department of Veterans Affairs (VA) 
considers a variety of sources of revenue to determine a veteran's 
annual income, when assessing a veteran's eligibility for a pension, 
including medical expenses reimbursements/pain and suffering 
reimbursements. If a veteran's income exceeds the limit set by the VA, 
then the veteran does not qualify for a pension or loses his/or her 
benefits.
  For this reason, the bill is being reintroduced to include language 
from the original bill that addresses the issue of medical expense/pain 
and suffering reimbursements.
  The majority of the original bill, H.R. 923, was passed into 
legislation in the form of PL 112-154. However, while the law addresses 
veterans' eligibility for pensions (and surviving spouse/children) in 
regard to their reimbursements (for any accident, theft or loss, or 
casualty loss), it does not specify medical expenses or pain and 
suffering reimbursements.
  Mr. Speaker, this legislation will 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. On behalf of the unfortunate 
veterans who have slipped through the cracks due his punitive law, such 
as my aforementioned constituent, I ask for your support of this 
important legislation.

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