BVA Legislative Update for FY 2008
Wishing everyone a Happy New Year and welcome back to these legislative updates from Washington.
RAO Bulletin sent this information out and thought everyone should be aware of the COLA and the veto of the National Defense Authorization Act last week by President Bush.
The National Defense Authorization Act veto does cause trouble for our efforts because included in that is the Military Eye Trauma Center of Excellence and Eye Trauma Registry provision that had been included in the Wounded Warrior section of this bill in early December. While the Veto had nothing to do with the section dealing with changes in Wounded Warriors, it means now that when congress returns January 16th they will have to address the section about the veto and try and pass this bill again.
Other great news is that the President did sign into law the long awaited passage of the “Paired Organ legislation”, HR 797 so that battle is over now. We again appreciated all the efforts of Congresswoman Tammy Baldwin in introducing this bill over several sessions of congress and gaining support for passage. Once Veterans Benefits Administration incorporates the new legal definition of blindness as 20/200 or loss of peripheral vision of 20 degrees of less, than it should be easier for those who have a service connected loss of vision in one eye, to obtain change in benefits if they have become legally blind in the non-service connected eye due to aging related diseases or other things.
NDAA 2008 UPDATE 12: An unfavorable development concerning the Fiscal Year 2008 Defense Authorization Bill has occurred at the 11th hour. The President’s Deputy Press Secretary Scott Stanzel announced 28 DEC that the President intends to veto H.R. 1585, the National Defense Authorization Act (NDAA) for Fiscal Year 2008 because a provision in the bill could make Iraqi assets held in U.S. banks vulnerable to lawsuits. Section 1083 - would significantly amend current law (the Foreign Sovereign Immunities Act) in ways that would imperil Iraqi assets held in the United States, including reconstruction and central bank funds. If enacted, Section 1083 would permit plaintiffs' lawyers immediately to freeze Iraqi funds and would expose Iraq to massive liability in lawsuits concerning the misdeeds of the Saddam Hussein regime. The new democratic government of Iraq, during this crucial period of reconstruction, cannot afford to have its funds entangled in such lawsuits in the United States. Once in place, the restrictions on Iraq's funds that could result from the bill could take months to lift, and thus Section 1083 cannot become law even for a short period of time.
If signed into law, the NDAA would have authorized a 3.5% percent across-the-board pay increase for active duty service members, rejected steep increases in Tricare fees and pharmacy co-payments, extended Combat Related Special Compensation to all combat-related disabled veterans and provided full Concurrent Receipt of Disability Pay for disabled retirees rated as Individually Unemployable by the VA. The bill would also lower the minimum Guard and Reserve retirement age by 90 days for every 3 months served on active duty and establish a Special Survivor Indemnity Allowance beginning 1 OCT 08. Each of these items (and many others) is now on hold as Congress and the Administration try to resolve the issue. According to the official White House statement, “As soon as possible upon Congress’s return in JAN 08, the Administration will work with Congress to enact the NDAA adjusted in a manner that protects Iraqi funds in the United States and that ensures that the additional pay raise for our troops is retroactive to 1 JAN 081”. The Senate and the House will be taking up the bill again once they reconvene after recess, around January 15th. The impending veto action is an unfortunate consequence of lawmakers incorrectly using the legislative process—in this case attaching an issue that has nothing to do with national defense to the NDAA. [Source: NAUS Special Report 28 Dec 07 ++]
VA COLA 2008: Millions of veterans and eligible family members will see their disability compensation, pension, and survivors’ benefits increased as the Department of Veterans Affairs (VA) provides an annual cost-of-living increase for key benefits. A recent law signed by President Bush provides a 2.3% increase in disability compensation and survivors’ benefits. Eligible veterans and family members will see this increase starting in their January 2008 checks. Under the veterans’ disability compensation program, tax-free payments will generally range from $117 to $2,527 per month depending on the degree of disability. Special payments up to $7,232 per month apply to the most severely injured veterans. Pension disability benefits will also be increased by the same percentage and effective on the same date. The maximum annual rate for permanently and totally disabled veterans or veterans over age 65 can range from $11,181 to $18,654, based on household income and whether veterans are in need of help with activities for daily living. This increase also applies to survivors of veterans who died in service or from a service-connected disability. Dependency and indemnity compensation (DIC) survivors’ benefit payments can range from $1,091 to $2,499 per month. Survivors of wartime veterans receiving death pension are also entitled to an increase. The maximum annual payment rate for a surviving spouse can range from $7,498 to $11,985. Benefits under this program are intended to bring an eligible spouse’s income to a level established by law. Under each benefit program, additional allowances may be payable for helpless, minor or school age children. For more information about VA benefits and services, refer to VA’s website at www.va.gov or call 1-800-827-1000. [Source: VA News Release 31 Dec 07 ++]
BVA will continue to follow the actions taken on the National Defense Authorization Act when congress returns and will update everyone on it. Because many vital programs associated with the NDAA are critical for the Pentagon operations, I would expect that congress will try to move this quickly but never know what that means in this town.
Tom Zampieri
Director Government Relations
Blinded Veterans Association
Washington DC
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