[Congressional Record (Bound Edition), Volume 147 (2001), Part 1]
[Extensions of Remarks]
[Page 1028]
[From the U.S. Government Publishing Office, www.gpo.gov]



            COMPENSATION FOR VETS DISABLED WHILE IN VA CARE

                                 ______
                                 

                           HON. PATSY T. MINK

                               of hawaii

                    in the house of representatives

                       Tuesday, January 30, 2001

  Mrs. MINK of Hawaii. Mr. Speaker, I rise today to introduce an 
important piece of legislation to allow veterans disabled by treatment 
or vocational rehabilitation to receive compensation from the day they 
were disabled while under VA care.
  The occurrence of medical malpractice in which veterans are disabled 
while under Veterans Affairs' care is rare compared with the total 
number of veterans served every year. In 1997, the last year in which 
data was available, there were 826,846 inpatients treated and 
32,640,000 outpatient visits at VA medical centers at a cost of $17.149 
billion. There are 173 VA medical centers, more than 391 outpatient and 
outreach clinics, 131 nursing home care units and 39 domiciliaries.
  Without this network of government run VA hospitals, clinics and 
nursing care units, many veterans would never receive the care 
available to them. However, it is clear that the care provided is not 
always of the highest quality. Worse than inadequate care are the 
instances in which veterans receive care that leaves them further 
disabled.
  Since 1990, 9,597 administrative malpractice claims were filed by 
veterans with VA and 2,134 were settled. The total amount paid in 
claims settled was nearly $1.73 million. During the same time period, 
2,064 veterans filed court claims against VA. 626 of these court claims 
were dismissed, the U.S. won 272, and plaintiffs won 129 court claims 
for a total of $65,858,110. The VA settled 1,315 VA cases out of court 
by VA, in the amount of $253,464,632.
  In 1958 Congress established section 1151 of title 38, United States 
Code, Benefits for Persons Disabled by Treatment or Vocational 
Rehabilitation. Along with section 1151, section 5110 of the same title 
established the effective date of an award for disability incurred 
during treatment or vocational rehabilitation. These two sections 
ensured that veterans disabled by their treatment received 
compensation. This was the fair and right thing to do.
  A close review of these sections reveals an inconsistency. While the 
United States Code allowed compensation for veterans disabled by 
treatment or vocational rehabilitation, it established an arbitrary cut 
off date of one year to deny individuals full compensation. Individuals 
who are unable or not aware of this arbitrary application date for 
medical malpractice claims should not be denied full compensation for 
administrative reasons. Statutes of limitations like this are important 
for preserving the rights of individuals but the VA should be held to a 
different standard.
  Veterans who prove that they were disabled while under the care of 
Veterans Affairs should be compensated from the day of their injury 
regardless of their date of application. This bill will repeal United 
States Code section 5110 which allows Veterans Affairs to avoid its 
responsibility to veterans it disables during treatment or vocational 
rehabilitation. The bill also allows veterans who did not receive full 
and fair compensation from the date of their injury to receive this 
compensation upon enactment of this bill.
  I urge my colleagues to end this unfair practice by cosponsoring this 
bill.

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