The Mid-Atlantic Regional Group
Blinded Veterans Association
Legislative News
Akaka Clarifies Offset Provision in Veterans Benefits Enhancement Act of 2007
Senate Passes Veterans' Mental Health Care Improvements
Senate Veterans Affairs
Committee Press Releases on issues that we are following here in
AKAKA CLARIFIES OFFSET PROVISION IN VETERANS BENEFITS ENHANCEMENT ACT OF 2007
On April 24, 2008, the Senate passed S. 1315, the proposed “Veterans’ Benefits Enhancement Act of 2007.” Although the bill passed the Senate by a vote of 96-1, there are some who oppose it, expressing the belief that provisions in the bill misallocate VA pension benefits to reward non-veterans. I seek to set the record straight on S. 1315.
Mr. President, S. 1315 is a
comprehensive bill that would improve benefits and services for veterans, both
young and old. The bill includes numerous enhancements to a broad range of
veterans’ benefits, including life insurance programs for disabled veterans,
traumatic injury coverage for active duty servicemembers, and specially adapted
housing and automobile and adaptive equipment benefits for individuals with
severe burn injuries. In addition, the bill includes a provision that would
correct an injustice done to World War II Filipino veterans over 60 years ago.
It grants recognition and full veterans’ status to these individuals, both those
living inside and outside the
Many Americans have forgotten
that during World War II, the
S. 1315, the bill as passed by the Senate, would overturn a 2006 decision of the United States Court of Appeals for Veterans Claims in the case, Hartness v. Nicholson. The Hartness decision provided that certain veterans, those who receive a service pension benefit based solely on their age, qualify for additional benefits that are provided to very severely disabled veterans, a result not intended by Congress. The savings generated from overturning this court decision would pay for many provisions in the bill, including pension for Filipino veterans.
Despite the fact that the purpose of the provision in S. 1315 which reverses the Hartness decision is to do nothing more than restore the clear intent of Congress, it has been mischaracterized by some as an attempt to withdraw benefits from deserving veterans in order to fund benefits to Filipino veterans. That is simply not the case. Such accusations fail to appreciate the facts of the matter that led the Senate to take corrective action.
The statutory provision involved in Hartness was enacted in 2001 so as to provide a service pension, not based on disability, to certain veterans. Under this law, older, low income wartime veterans are eligible for a service pension at age 65, without the need to demonstrate any disability. This service pension, which is similar to one provided many years ago to veterans of the Spanish American War, is found in the service pension section of the statute, not in the section of the law where pension for disabled veterans is found.
The court in Hartness ruled that elderly persons who are not totally disabled, but who receive a service pension based on age, could also receive the extra benefits available under the disability pension benefit program, even if they did not meet the threshold requirement of total disability. In so doing, the Hartness court failed to demonstrate an understanding of the difference between a service pension and a pension based on disability.
In passing the service pension law in 2001, Congress clearly created a separate program and did not intend the result in the Hartness decision. Congress intended that veterans who were disabled would receive benefits under the disability pension program, with the opportunity to receive the extra benefits if they were more seriously disabled. Veterans who met the age threshold, but who were not disabled, would receive benefits only under the service pension program, with no basis for receiving the extra benefits. The intent of this action was to create a bright line distinction between the two pension programs, but the actual statutory construction allowed for ambiguity, leading the court to misinterpret the law.
The provision passed by the Senate in S. 1315 would overturn the Hartness decision so as to reaffirm that the extra pension benefits are only for those severely disabled veterans who receive pension on the basis of being totally disabled. This result conforms to the original Congressional intent of reserving the special additional benefits for those who demonstrate the greatest need based on disability, not simply those who attain a certain age. Even with the repeal of Hartness, aged veterans who are totally disabled and who are also housebound or in need of aid and attendance would still qualify for additional money under the non-service connected disability pension program.
Mr. President, S. 1315 is now pending in the House of Representatives and there is some opposition to the bill that seems to stem from a misunderstanding of the purpose of VA pension benefits and the Hartness decision. Critics of the bill have suggested that it arbitrarily redistributes scarce VA benefits to the benefit of individuals to whom our government has no responsibility. These critics fail both to understand the history of the provisions construed in the Hartness decision and the service of Filipino veterans. Restoring the original purpose of the service pension law would provide the savings needed to pay for increased benefits for veterans with service-connected disabilities as well as justice for Filipino veterans of World War II.
SENATE PASSES VETERANS’ MENTAL HEALTH CARE IMPROVEMENTS
WASHINGTON, D.C. – U.S. Senator Daniel K. Akaka (D-HI), Chairman of the Committee on Veterans’ Affairs, praised the Senate’s passage of S. 2162, the Veterans Mental Health and Other Care Improvements Act of 2008, late last night by unanimous consent.
“I am pleased that the Senate
passed this vital legislation to help both veterans and their families deal with
the trauma of war,” Akaka said. “This bill is for Justin Bailey, a young
veteran of the
Senator Akaka’s statement in support of the bill is copied below:
I am pleased to express my strong support for S. 2162, the “Veterans’ Mental Health and Other Care Improvements Act of 2008”, as amended. This bill includes provisions on mental health care, suicide prevention, care for substance use disorders, prevention of homelessness, pain and epilepsy care, and other health care matters. This comprehensive legislation addresses many critical issues facing our Nation’s veterans.
Returning home from battle does not necessarily bring an end to conflict. Servicemembers return home, but the war often follows them in their hearts and minds. Their invisible wounds are complicated and wide-ranging, and we must provide all possible assistance. I am working with VA Secretary James Peake to ensure that VA is forthright about the numbers of suicides and attempted suicides among veterans. Solid and reliable information is critical to our understanding of the issues. Prevention of suicide is a vitally important mission.
A growing number of veterans are in need of mental health care. VA’s Special Committee on Post-Traumatic Stress Disorder advised in its 2006 formal report that virtually all returning servicemembers face readjustment issues. An assessment of mental health problems among returning soldiers, recently published in the Journal of the American Medical Association in November, 2007, found that 42.4 percent of National Guard and reservists screened by the Department of Defense required mental health treatment.
Additionally, a March 2007
study published in the Archives of Internal Medicine reported that more than
one-third of war veterans who have served in either
Further, the
On April 25, 2007, the Committee on Veterans’ Affairs held a hearing on veterans’ mental health concerns, and on VA’s response. We heard heart-wrenching testimony from the witnesses.
The provisions of this bill are a direct outgrowth of that hearing and the testimony given by those who have suffered with mental health issues, and by their family members. Earlier versions of the provisions included in this bill were also discussed at a legislative hearing on October 24, 2007.
This bill represents a bi-partisan approach, and is cosponsored by Senators Burr, Rockefeller, Mikulski, Bingaman, Ensign, Smith, Collins, Clinton, Dole, Sessions and Stevens. It is a tribute to Justin Bailey, a veteran of Operation Iraqi Freedom, who died in a VA domiciliary facility while receiving care for PTSD and a substance use disorder. This was a tragedy that will live on with Justin’s parents, who have so courageously advocated for improvements to VA mental health care.
Provisions included in this legislative package stem from bills which have all been reported favorably by the Senate Committee on Veterans’ Affairs, including: S. 1233 as reported on August 29, 2007; and S. 2004, S. 2142, S. 2160, and S. 2162, as ordered reported on November 14, 2007.
I will briefly outline other provisions in S. 2162, as amended.
As I mentioned, the legislation
would make sweeping changes to VA mental health treatment and research. Most
notably, it would ensure a minimum level of substance use disorder care for
veterans in need. It would also require VA to improve treatment of veterans
with multiple disorders, such as PTSD and substance use disorder. To ascertain
if VA’s residential mental health facilities are appropriately staffed, this
bill would mandate a review of such facilities. It would also create a vital
research program on PTSD and Substance Use Disorders, in cooperation with, and
building on the work of, the
Veterans with physical and mental wounds often turn to drugs and alcohol to ease their pain. Experts believe that stress is the primary cause of drug abuse, and of relapse to drug abuse. Research by Sinha, Fuse, Aubin and O’Malley in Psychopharmacology (2000), and by Brewer et al. in Addiction (1998) has found that patients with psychological trauma, including PTSD, are often susceptible to alcohol and drug abuse. Similarly, according to the National Institute on Drug Abuse, patients subjected to chronic stress, as experienced by those with PTSD, are prone to drug use. VA has long dealt with substance abuse issues, but there is much more than can be done. This legislation would provide a number of solutions to enhance substance use disorder treatment.
The inclusion of families in mental health treatment is vital. To this end, the bill would fully authorize VA to provide mental health services to families of veterans and would set up a program to help veterans and families transition to civilian life.
Beneficiary travel reimbursements are essential to improving access to VA health care for veterans in rural areas. This legislation would increase the beneficiary travel mileage reimbursement rate from 11 cents per mile to 28.5 cents per mile, and permanently set the deductible to the 2007 amount of $3 each way.
It is important that veterans who rely on VA for their health care have access to emergency care. This bill would make corrections to the procedure used by VA to reimburse community hospitals for emergency care provided to eligible veterans so as to ensure that both veterans and community hospitals are not inappropriately burdened by emergency care costs.
Too often, veterans suffer from lack of care merely because they are unaware of the services available to them. This legislation would enhance outreach and accessibility by creating a pilot program on the use of peers to help reach out to veterans. It would also encourage improved accessibility for mental health care in rural areas.
The legislation also addresses homelessness, which is far too prevalent in the veteran population. The bill would create targeted programs to provide assistance for low-income veteran families. It would also allow homeless service providers to receive VA funds without offsetting other sources of income and require that facilities which furnish services to homeless veterans are able to meet the needs of women veterans.
The Committee heard testimony that epilepsy is often associated with traumatic brain injury, the injury that many are calling the signature wound of the current conflicts. This suggests a strong need to improve VA’s effectiveness in dealing with epilepsy. The pending legislation would establish six VA epilepsy centers of excellence, which will focus on research, education, and clinical care activities in the diagnosis and treatment of epilepsy. These centers would restore VA to the position of leadership it once held in epilepsy research and treatment.
The medical community has made impressive advances in pain care and management, but VA has lagged behind in implementing a standardized policy for dealing with pain. The bill includes a provision that would establish a pain care program at all inpatient facilities, to prevent long-term chronic pain disability. It also provides for education for VA’s health care workers on pain assessment and treatment, and would require VA to expand research on pain care.
I urge all of my colleagues to support S. 2162, as amended. It has the potential to bring relief and support to tens of thousands of veterans and their families across the country.
Tom Zampieri
Director Government Relations
Blinded Veterans Association
BVA's Legislative Alerts Group
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