FOR RELEASE:  November 19, 2002

Congress Passes Major Veterans Legislation
Measures Introduced By Evans Included in Bill
 

WASHINGTON, DC - Congressman Lane Evans (D-IL), the senior Democrat on the House Veterans Affairs Committee, applauded Senate passage of S. 2237, the “Veterans Benefits Act of 2002.”  The House of Representatives had passed the measure last week. 

Evans noted that the bill contains a provision which he crafted with the late Senator Paul Wellstone to expand protection under the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) to members of the National Guard who are called up in situations similar to that which followed September 11^th.   The SSCRA protects those who are serving our country from civil actions and reduces the rate of interest on certain obligations entered into prior to being activated for military service.  Evans said “when we ask the men and women of the National Guard to respond to a national emergency, such as the services required following the tragedies of September 11^th, we have a responsibility to assure that their service to our country will not place them in unnecessary financial jeopardy.”   Evans called the inclusion of the measure “a fitting tribute to Paul Wellstone who worked so hard for our Nation’s veterans during his time in Congress.” Evans had introduced a companion bill in the House. 

The bill expands the jurisdiction of the Court of Appeals for the Federal Circuit over cases appealed from the Court of Appeals for Veterans Claims to cover all questions of law and not merely interpretations of statutes and regulations.  It clarifies the authority of the Court of Appeals for Veterans Claims to reverse decisions of the Board of Veterans Appeals in appropriate cases and requires the decisions be based upon the record as a whole, taking into account the pro-veteran rule known as “benefit of the doubt.”  Under the bill, non-attorneys who are permitted to practice before the Court of Veterans Appeals will be able to qualify for fees under the Equal Access to Justice Act even if they are not supervised by an attorney.  Under current law, these practitioners are eligible for these fees only if their work is supervised by an attorney.  Evans hopes that these changes will provide fairer and more efficient decisions on veterans’ claims.

S. 2237 incorporates provisions from a number of bills passed by the House.  The Veterans Benefits Act of 2002 will allow surviving spouses who remarry after age 55 to retain eligibility for health insurance under the CHAMPVA program.  Spouses who have previously remarried after age 55 will have one year in which to apply for reinstatement of that benefit.  Evans, who has been honored by the Gold Star Wives of America for his advocacy on behalf of surviving spouses of veterans, was disappointed that a House provision which would have allowed surviving spouses to retain cash Dependency and Indemnity Compensation (DIC) benefits was not included in the final bill.  Evans pledged to continue working to bring parity between DIC recipients and surviving spouses of federal employees who are allowed to retain benefits upon remarriage after age 55. 

In addition to these benefit provisions, S. 2237 also: 

·    Allows veterans who have a compensable service-connected hearing loss in one ear to have hearing loss on the other ear service-connected.  

·    Authorizes a study by the National Academy of Science concerning the relationship of military hearing loss and acoustic trauma to military service.

  ·     Authorizes the placement of a memorial to the World War II Battle of the Bulge at Arlington National Cemetery.

·    Allows severely disabled service-connected veterans who qualify for Veterans Mortgage Life Insurance to retain their coverage regardless of age.

·    Authorizes a two year program of hybrid adjustable rate mortgages under the VA home loan program.    

·    Provides for an increase to $1000 per month effective October 1, 2003 in special pension benefits payable to persons who have been awarded the Medal of Honor. 

S. 2237 will now be sent to the White House to be signed into law by President Bush.

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