FOR RELEASE: July 31, 2001

COLA, Evans Gulf War Legislation Win House Approval 

Washington, DC -- The House of Representatives today passed H.R. 2540, the Veterans Benefits Act of 2001.  The omnibus measure provides a cost-of-living adjustment (COLA) for veterans receiving service-connected disability compensation and dependents receiving dependency and indemnity compensation (DIC).  The measure also contains provisions important to Gulf War and Vietnam veterans authored by Congressman Lane Evans (D-IL), the senior Democratic member of the House Veterans’ Affairs Committee.   

One Evans provision overturns a restrictive opinion of the Department of Veterans Affairs (VA) General Counsel which resulted in VA denying service-connected disability compensation to thousands of Gulf War veterans.  According to Evans, thousands of veterans who were healthy before their service in Southwest Asia have experienced a variety of unexplained symptoms during or since serving in the Gulf.  In many cases, claims were denied because a physician attributed symptoms to such ill-defined illnesses as “chronic fatigue syndrome”, “fibromyalgia” or “irritable bowel syndrome” rather than an undiagnosed condition. 

Effective April 1, 2002, Gulf War veterans who have chronic multisymptom illnesses such as chronic fatigue syndrome will be eligible for compensation. 

Both Evans and Congressman Bob Stump (R. AZ), the former Chairman of the Veterans Affairs Committee, had criticized VA’s interpretation of the term “undiagnosed illness” as unduly restrictive.  

“H.R. 2540 places the emphasis where Congress originally intended by focusing on the symptoms which have had a disabling effect on the lives of some Gulf War veterans.  Sick Gulf War veterans have served our Nation in time of war, they have earned the benefit of the doubt,” Evans said. 

Evans expressed regret the Gulf War veterans provision will not be effective until April 1, 2002.  “With more than a trillion dollars in tax cuts principally benefiting the wealthiest taxpayers enacted earlier this year, Congress must now scramble for nickels and dimes to pay our debt to sick veterans of the Gulf War.”  That means delaying the effective date of this important provision. 

The House passed bill also includes a provision from H.R. 862 introduced earlier this year by Evans which provides in law a presumption of service-connection for Vietnam veterans who now suffer from Diabetes Mellitus, Type 2.  Evans, a long time supporter of benefits for veterans who have suffered from the effects of exposure to herbicides such as Agent Orange, had strongly encouraged previous action by VA to provide by regulation a presumption of service-connection for Vietnam veterans exposed to dioxin. 

The bill also authorizes the Secretary of Veterans Affairs to protect the service-connected compensation benefits of Gulf War veterans who participate in medical research.  Evans noted that “absent such authority, there is a very real risk that veterans will be caught in a “Catch-22” situation.  Without adequate research, it may not be possible to demonstrate an association between service in Southwest Asia and specific rare illnesses experienced by a small number of Gulf War veterans.  If the research is inadequate, deserving veterans may be denied compensation.”  Medical research serves an important humanitarian goal, by furthering knowledge concerning human diseases and treatment.  Veterans who participate in such research, without any likelihood of direct benefit to their own lives, deserve to be protected, not punished, for their humanitarian spirit.  

Among other provisions, the bill also provides for extension of a pilot home loan program for Native American veterans and a pilot program extending the hours during which VA employees will be available to respond to telephone inquiries concerning veterans’ benefits.

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