NEWS FROM….

CONGRESSMAN LANE EVANS

RANKING DEMOCRATIC MEMBER

COMMITTEE ON VETERANS AFFAIRS

    U.S. HOUSE OF REPRESENTATIVES

Washington, DC – Lane Evans of Illinois, Democratic Leader of the House Veterans Affairs Committee, told a packed House Veterans Affairs Subcommittee on Benefits hearing that he strongly supports four bills that address a broad range of veterans issues.

"I fully support a cost-of-living-allowance (COLA) increase for veterans who receive service-connected disability compensation and their dependents who receive Dependency and Indemnity Compensation (DIC)," Evans said. "Enacting a COLA must be a high priority for this Congress," Evans continued, noting 2.6 million veterans and dependents receive compensation. "The passage of a COLA for veterans’ compensation is ‘must do’ legislation for Congress." We must ensure the compensation we provide to disabled veterans and their dependents who have all made great sacrifices on behalf of our nation is not eroded due to increases in the cost of living."

Evans expressed strong support for H.R. 1020, legislation which would expedite compensation for Hepatitis C, a serious problem affecting some of our Nation’s veterans. "The difficulties experienced by veterans seeking service-connected compensation for Hepatitis C can not be understated," Evans said. "On January 28, 2000, I wrote to Under Secretary Joseph Thompson to express my concerns about the requirements being imposed by VA for service-connection of Hepatitis C."

H.R. 1020 provides a presumption that veterans exposed to certain risk factors associated with Hepatitis C infection during military service, and who have a current diagnosis of Hepatitis C, incurred the disease during military service.

These risk factors include:

• health care workers
• veterans who received blood or blood products before December 31, 1992, and
• unexplained liver disease or abnormal liver function tests.

Citing several examples of Hepatitis C veterans’ claims for compensation which had been rejected by VA, Evans said presumptions are needed to assure fair and accurate processing of compensation claims for Hepatitis C, these include:

• a recently discharged veteran diagnosed with Hepatitis C while in service;
• a Vietnam Purple Heart recipient who had lung surgery in Vietnam for a combat wound; and,
• a Korean War veteran who received a blood transfusion in 1955 at a VA hospital during surgery for service-connected TB.

"These cases had the recognized risk factors of Hepatitis C, and yet the claims were denied," said Evans.

Evans said establishing service-connection was not the only obstacle to VA approval of Hepatitis C claims. Other problems include the failure to use VA guidelines in performing medical examinations for compensation purposes. Rather than identifying a veteran’s risk factor for hepatitis infection, VA examining physicians attempt to determine the cause of a hepatitis infection – nearly impossible to prove, and contrary to VA law. In addition, veterans with severe liver damage as verified by a liver biopsy have claims rated at zero to ten percent disability level.

"VA’s efforts to rule out potential causes of a Hepatitis C infection not related to military service appears excessive," Evans said. "A veteran with no risk factor identified other than a blood transfusion received during surgery at a VA hospital was required to obtain records of every medical encounter in order to rule out other theoretical infection sources, including the use of insulin syringes. This was a time consuming and ultimately fruitless endeavor."

In addition to enacting the Hepatitis C legislation, Evans called for new regulations to accurately describe impairments due to chronic Hepatitis C and studies of Hepatitis C in the family members of veterans to determine whether additional legislation is needed to address their infection.

Evans also called for passage of the "Special Monthly Compensation Gender Equity Act" he introduced with Representative Shelly Berkley of Nevada. The bill allows women veterans who have had a service-connected radical, or modified radical, mastectomy to receive the same monthly compensation provided for the loss of other body parts and functions. Dr. Linda Schwartz, Chair of VA’s Advisory Committee on Women Veterans, testified on the Committee’s recommendation for this action.

In addition, Evans called for Congress to enact legislation adding heart attacks and strokes to the definition of injury for veterans who become disabled during inactive duty for training. "As our Nation relies more and more on members of the Guard and Reserve to meet our national security interests," he explained. "It is important that when duty results in disability, compensation is authorized." Evans noted the strong support of the National Military and Veterans Alliance for this measure.

"These bills address serious needs," said Evans. "Millions of veterans and their families deserve a COLA increase, a growing number of veterans require compensation for Hepatitis C, and small numbers of veterans will benefit from the mastectomy and Guard/Reserve bills. The importance of adopting measures to help these veterans was amply supported by testimony. Our veterans have defended and served this Nation, and meeting their needs must be a top priority."