Apr112013
Hearing Transcript on Legislative Hearing on H.R. 1197, H.R. 3008, H.R. 3795, H.R. 4274, H.R. 5155, H.R. 5448, H.R. 5454, H.R. 5709, H.R. 5954, H.R. 5985, and H.R. 6032
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LEGISLATIVE HEARING ON H.R. 1197, H.R. 3008, H.R. 3795, H.R. 4274, H.R. 5155, H.R. 5448, H.R. 5454, H.R. 5709, H.R. 5954, H.R. 5985, AND H.R. 6032
HEARING BEFORE THE SUBCOMMITTEE ON DISABILITY ASSISTANCE AND MEMORIAL AFFAIRS OF THE COMMITTEE ON VETERANS' AFFAIRS U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS SECOND SESSION JUNE 12, 2008 SERIAL No. 110-92 Printed for the use of the Committee on Veterans' Affairs
U.S. GOVERNMENT PRINTING OFFICE For sale by the Superintendent of Documents, U.S. Government Printing Office
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COMMITTEE ON VETERANS' AFFAIRS |
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CORRINE BROWN, Florida |
STEVE BUYER, Indiana, Ranking |
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Malcom A. Shorter, Staff Director SUBCOMMITTEE ON DISABILITY ASSISTANCE AND MEMORIAL AFFAIRS
Pursuant to clause 2(e)(4) of Rule XI of the Rules of the House, public hearing records of the Committee on Veterans' Affairs are also published in electronic form. The printed hearing record remains the official version. Because electronic submissions are used to prepare both printed and electronic versions of the hearing record, the process of converting between various electronic formats may introduce unintentional errors or omissions. Such occurrences are inherent in the current publication process and should diminish as the process is further refined. |
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C O N T E N T S
June 12, 2008
Legislative Hearing on H.R. 1197, H.R. 3008, H.R. 3795, H.R. 4274, H.R. 5155, H.R. 5448, H.R. 5454, H.R. 5709, H.R. 5954, H.R. 5985, and H.R. 6032
OPENING STATEMENTS
Chairman John J. Hall
Prepared statement of Chairman Hall
Hon. Doug Lamborn, Ranking Republican Member
Prepared statement of Congressman Lamborn
WITNESSES
Congressional Research Service, Library of Congress, Sidath Viranga Panangala, Analyst in Veterans Policy
Prepared statement of Mr. Panangala
U.S. Department of Veterans Affairs, Bradley G. Mayes, Director, Compensation and Pension Service, Veterans Benefits Administration
Prepared statement of Mr. Mayes
Alderson, Lieutenant Commander Jack B., USNR (Ret.), Ferndale, CA
Prepared statement of Lieutenant Commander Alderson
Allen, Hon. Thomas H., a Representative in Congress from the State of Maine
Prepared statement of Congressman Allen
ALS Association, Jeff Faull, McEwersille, PA
Prepared statement of Mr. Faull
American Ex-Prisoners of War, Les Jackson, Executive Director
Prepared statement of Mr. Jackson
American Legion, Steve Smithson, Deputy Director, Veterans Affairs and Rehabilitation Commission
Prepared statement of Mr. Smithson
Bilirakis, Hon. Gus M., a Representative in Congress from the State of Florida
Prepared statement of Congressman Bilirakis
Filner, Hon. Bob, Chairman, Committee on Veterans' Affairs, and a Representative in Congress from the State of California
Institute of Medicine of the National Academies, Judith A. Salerno, M.D., M.S., Executive Officer
Prepared statement of Dr. Salerno
Rehberg, Hon. Denny R., a Representative in Congress from the State of Montana
Prepared statement of Congressman Rehberg
Space, Hon. Zachary T., a Representative in Congress from the State of Ohio
Prepared statement of Congressman Space
Shea-Porter, Hon. Carol, a Representative in Congress from the State of New Hampshire
Thompson, Hon. Michael, a Representative in Congress from the State of California
Prepared statement of Congressman Thompson
Vietnam Veterans of America, John Rowan, National President
Prepared statement of Mr. Rowan
Veterans Affairs of Scott County, IA, David Woods, Director
Prepared statement of Mr. Woods
Wu, Hon. David, a Representative in Congress from the State of Oregon
Prepared statement of Congressman Wu
SUBMISSIONS FOR THE RECORD
Hon. Michael L. Dominguez, Principal Deputy Under Secretary of Defense for Personnel and Readiness, U.S. Department of Defense, statement
Braley, Hon. Bruce L., a Representative in Congress from the State of Iowa, statement
Disabled American Veterans, Kerry Baker, Associate National Legislative Director, statement
Fort McClellan Veterans Stakeholders Group, Susan R. Frasier, Albany, NY, statement
Lachapelle, Commander Norman C., MSC, USN (Ret.), Administrator, Bureau of Environmental Health/Emergency Regional Response, Memphis and Shelby County Health Department, TN, statement
National Association of State Directors of Veterans Affairs, John A. Scocos, President, and Secretary, Wisconsin Department of Veterans Affairs, statement
National Vietnam and Gulf War Veterans Coalition, Denise Nichols, Vice Chairman, letter
Olsen, John E., ET-2, USN, Billings, MT, statement
Paralyzed Veterans of America, statement
U.S. Military Veterans with Parkinson’s (USMVP), Alan Oates, Edinburg, VA, Member, statement
MATERIAL SUBMITTED FOR THE RECORD
Background, Follow-up Memorandum, and Administration Views:
Post-Hearing Questions and Responses for the Record:
LEGISLATIVE HEARING ON H.R. 1197, H.R. 3008, H.R. 3795, H.R. 4274, H.R. 5155, H.R. 5448, H.R. 5454, H.R. 5709, H.R. 5954, H.R. 5985, AND H.R. 6032
Thursday, June 12, 2008
U. S. House of Representatives,
Subcommittee on Disability Assistance and Memorial Affairs,
Committee on Veterans' Affairs,
Washington, DC.
The Subcommittee met, pursuant to notice, at 2:10 p.m., in Room 340, Cannon House Office Building, Hon. John J. Hall [Chairman of the Subcommittee] presiding.
Present: Representatives Hall, Lamborn, Turner and Bilirakis.
Also present: Representatives Filner, Space and Brown of South Carolina.
Mr. FILNER. [Presiding.] The Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans' Affairs Committee is called to order. Unfortunately, if you have heard the bells, we have three votes. Just for my colleagues, these are the last votes of the day, so we will be back in about a half hour. I apologize that with so many bills, we have to hold you. We apologize, but we will be back right after the votes
Mr. THOMPSON. Mr. Chairman, would you entertain a question?
Mr. FILNER. Yes, sir.
Mr. THOMPSON. Would it be possible for Mr. Rehberg and I to make our statement before we recess?
Mr. FILNER. Yes, sir. With unanimous consent.
Mr. LAMBORN. Absolutely.
Mr. FILNER. So ordered. Thank you for the intelligent suggestion.
Mr. THOMPSON. Thank you, Mr. Chairman. Each of us has an airplane to catch to get home. So we appreciate it. Thank you.
Mr. FILNER. Mr. Thompson will be recognized to talk on his bill, which is part of a whole theme we are considering today, and that is justice for veterans who have been lost through the cracks.
Thank you, Mr. Thompson; thank you, Mr. Rehberg; thank you, Ms. Shea-Porter, for your commitment to our veterans.
STATEMENTS OF HON. MICHAEL THOMPSON, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA; AND HON. DENNY R. REHBERG, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MONTANA
STATEMENT OF HON. MICHAEL THOMPSON
Mr. THOMPSON. Thank you, Mr. Chairman and Members. The bill that we have would grant presumption of a service connection for veterans who have been exposed to dangerous chemicals or biological agents as part of a test called Project 112 and Project SHAD (Shipboard Hazard and Defense). These were Cold War-era chemical and biological warfare tests that were conducted on U.S. military personnel without their knowledge. These ran from about 1962 to 1974, and these tests exposed about 6,000 servicemembers to dangerous live agents such as VX nerve agent, Sarin gas, and E. coli (Escherichia coli).
And as I said, for the most part these military personnel were unaware they were being used in this test. And for nearly 30 years the Department of Defense denied that these tests ever took place.
I have today with me, and you will hear from him later, Jack Alderson, who is a constituent of mine, who brought this issue to my attention in 1998. He is a former tugboat commander, and he participated in these tests. He was the guy in Project SHAD, and he will tell you how Project SHAD veterans are routinely rejected by the VA for medical care and for disability benefits.
You are also going to hear from Dr. Salerno from the Institute of Medicine (IOM), who will testify that the study that they did found no connection between these substances and health problems with the SHAD veterans. I just want to be on record as stating that that study that she is going to talk about is terribly flawed.
I want to submit for the record, if I could, I think with unanimous consent, the letter that Mr. Rehberg and I sent regarding the flaws in this study. And I think that is important.
They took five years to do this study. They still have work to do, and these veterans can't wait any longer.
I also want to submit for the record a bibliography that outlines all the citations. And I have them here, the Subcommittee is welcome to them. Every blue tab on this sheet indicates a scientific reporting of how these chemicals that the IOM studied said didn't have any connection do, in fact, have a connection. And I would like—I am willing to do just the bibliography, but I will leave the whole package with you.
And thank you again for your help on this measure. And just to reiterate, these veterans did everything they were asked for from our country. They were exposed to dangerous chemicals. They are sick. They are suffering as a result of this, and they need our help. They can't wait another 5 years, they can't wait another 40 years. They were literally lied to for 40 years as to whether or not this project, this testing, took place and the effect it has had on them. And I appreciate this Committee's willingness to finally address the problems that they are having. Thank you.
[The statement of Congressman Thompson, and the attached letter and bibliography, appear in the Appendix.]
Mr. FILNER. Thank you, Mr. Thompson. And your leadership on this for so many years is greatly appreciated. I think we are finally going to get justice for these veterans.
Mr. Rehberg, thank you for your participation, with Mr. Thompson on this critical legislation.
STATEMENT OF HON. DENNY R. REHBERG
Mr. REHBERG. Thank you, Mr. Chairman and Members of the Subcommittee. And I would really and sincerely like to thank Mike Thompson, who has been a tireless advocate on this issue. It has been my pleasure to work with him to bring these tests to light and fight to get Project 112/SHAD veterans the benefits they deserve.
When I was first elected to the House of Representatives in 2001, I was approached by Billings resident John Olsen. John told me a disturbing tale of a government refusing to be accountable for its actions, a long line of healthcare problems, and a lack of care.
In the early Cold War era, as Mike had mentioned, the Department of Defense and other Federal agencies conducted these series of tests. They used VX nerve gas, Sarin nerve gas, and E. Coli, and they were tested on unknowing military personnel. John is one of those victims. Over the years he has battled several health problems, including skin cancer, prostate cancer, and an adrenal tumor the size of a fist.
Even worse, for more than 40 years the existence of these tests had been denied by the Department of Defense, despite reports from participating veterans like John that they were being stricken with unusual diseases. During that time, many of these veterans suffered and died while their government looked the other way.
Finally, in 2001 the DoD did acknowledge that the tests took place; however, the Veterans Administration still wouldn't provide these veterans with health benefits and compensation for their diseases. Instead, the VA commissioned the study.
We have problems with the study, as was mentioned before. While working on this issue, I have been alarmed by the deficiency of the program for notifying Project SHAD veterans of their exposure. Due to pressure from the Congress, initial search efforts began in 2000; however, they were and continue to be inadequate, bordering on negligence. Since 2003, the Department of Defense has stopped actively searching for individuals who were potentially exposed to chemical or biological substances during Project 112. At the same time, the Department of Defense reported it had identified 5,842 servicemen and women, and estimated another 350 civilians were exposed.
It is a true tragedy that our government, after exposing these servicemen and women to a witches' brew of chemicals, cannot be bothered to find and notify them of such. As I mentioned earlier, the Department of Defense did identify around 350 civilians that were potentially exposed; however, to date no effort has even been made to notify these civilians.
This legislation will help set a standard of oversight for the Federal Government's treatment of our soldiers. We can't sweep the suffering of these veterans under the rug. We can fix the problem created 40 years ago, and this legislation will do that.
Again, thank you for allowing me this opportunity. With unanimous consent, I would like to have John Olsen's testimony submitted for the record, as well as the U.S Government Accountability (GAO) Highlights that suggest DoD and VA need to improve efforts to identify and notify individuals potentially exposed during chemical and biological tests. It is not a pretty report. It needs to be in the record. And they need to do the right thing.
Thank you for your support of this legislation.
[The statement of Congressman Rehberg, and the GAO Highlights, appear in the Appendix.]
Mr. FILNER. So ordered on the submission of the testimony and reports.
[The statement of Mr. Olsen appears in the Appendix, and the other reports will be retained in the Committee files.]
Mr. Wu and Ms. Shea-Porter, we are going to take a 20-minute recess to get our three votes in, and then we will be back. I am sure you will join us, and we will hear your testimony first when we return.
Mr. WU. Thank you very much, Mr. Chairman.
Mr. FILNER. Thank you very much, Mr. Thompson, Mr. Rehberg. We will provide that justice.
We are recessed.
[Recess.]
OPENING STATEMENT OF HON. JOHN J. HALL
Mr. HALL. [Presiding.] Good afternoon. The Veterans' Affairs Disability Assistance and Memorial Affairs Subcommittee legislative hearing will now come back to order. I would ask everybody to rise for the Pledge of Allegiance.
[Pledge of Allegiance recited.]
Thank you for your patience while we were across the street voting.
First of all, I would like to thank all the witnesses for coming, and apologize for my missing the earlier part of the session when the Chairman of the full Committee, Mr. Filner, graciously filled in for me.
Mr. Lamborn, our Ranking Member, will be back shortly, and at that point he will give his statement.
We will try to move things along as quickly as possible as we consider the 11 bills, 2 of which have already been spoken on, H.R. 1197, H.R. 3008, H.R. 3795, H.R. 4274, H.R. 5155, H.R. 5448, H.R. 5454, H.R. 5709, H.R. 5954, H.R. 5985, and H.R. 6032. I left the titles out to keep it shorter, but we will hear them as we approach each bill.
As a preliminary, it has already been granted, but I ask unanimous consent that Mr. Filner, Mr. Brown, and Mr. Space be invited to sit at the dais, which they have already done. Without objection, they will be allowed to continue.
I know the many issues addressed in these bills are of utmost importance to many of you in attendance today who, like me, have constituents or loved ones who are directly impacted by the problems they seek to solve.
Speaking of witnesses, I welcome you all who are here today, including my fellow Members of Congress, I must express, however, my disappointment that the DoD did not find it "efficient" to provide a witness to testify, particularly on legislation that has clear DoD implications. Moreover, this notice came late last week, after testimony was due, and after the DoD had originally indicated that it intended to provide a witness.
I hope to avoid this unnecessary wrangling in the future. Our veterans should be important enough to every Federal agency involvedto send someone to testify. The nexus between the DoD and VA are undeniable. Invitations to testify should not be rebuffed by the DoD when we are attempting to examine issues that overlap on jurisdiction and responsibility. I do note for the record that yesterday DoD provided a written statement for the record. This fact aside, Congress deserves the right to question the appropriate DoD personnel in person, not just in writing; not to mention that our men and women who have given their all in service to our country deserve the right to have their elected officials question the executive branch. This is how our system of checks and balances must work to ensure our democratic way of governing remains intact.
After our Ranking Member, Mr. Lamborn, returns we will recognize him for his opening statement. And right now I would like to recognize the Chair of the full Veterans' Affairs Committee to speak on a bill of his, Mr. Filner.
[The statement of Chairman Hall appears in the Appendix.]
Mr. FILNER. Thank you, Mr. Chairman. You have a big list of bills. Thank you and Mr. Lamborn for taking up all of these bills. I think there is a common theme of long-delayed justice for veterans in all these, so I thank you for doing this.
In addition, you talk about how sad it is that the Department of Defense did not send a witness. They did send a witness to yesterday's full Committee hearing, at which the Principal Deputy Under Secretary of Defense for Personnel Readiness said, when confronted with the facts that several hundred thousand of our Iraqi veterans and deployed troops have PTSD—he said, no, they have symptoms of PTSD. And this is a quote: Only a few have PTSD. And so that is what you get when you get them here. An incredible, display of irresponsibility from the Executive Branch.
Mr. HALL. Creative diagnosis.
STATEMENT OF HON. BOB FILNER, CHAIRMAN, COMMITTEE ON VETERANS' AFFAIRS, AND A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA
Mr. FILNER. So even when you get them here, they say really strange things.
I want to thank you for this panel today. I want to talk about two bills: H.R. 3795, the “You Were There, You Get Care Act,” which would help radiation-exposed veterans of the Gulf War and subsequent conflicts; and, H.R. 6032, which would grant a presumption of service-connection for Parkinson's disease for Vietnam veterans.
I might say, since I see the National President of the Vietnam Veterans Association here, we plan, at the full Committee level, working with Mr. Hall, to actually take the theme of “You Were There, You Get Care Act” for all of the Agent Orange claims for Vietnam Veterans. I don't care if your boots were not on the ground; you were in the blue water off the shore, you were in the blue skies above Vietnam, it is way past time for us to take care of all of those veterans, and we hope we can do that.
Depleted uranium (DU), which is the subject of the first bill, is an incredibly effective weapon, but its residue has a half life of 4 billion years, and evidence indicates that it is a carcinogen. We know that many health problems can result from exposure to depleted uranium, and we know that if veterans have been exposed, we have a responsibility to care for them.
The bill “You Were There, You Get Care” would ensure that veterans who served in the 1991 Gulf War and subsequent conflicts will be rated service-connected disabled for any illnesses currently covered by the Radiation Exposure Compensation Act, or RECA, passed by this Congress in 1990. The bill will provide payments to individuals who contract cancer and other serious diseases as a result of their exposure to radiation from above-ground tests of nuclear weapons or from employment in underground uranium mines, as well as any other diseases found by the VA Secretary to result from depleted uranium exposure.
If this bill is enacted, veterans serving in the Gulf War of 1991 or those providing clean-up or servicing of vehicles or equipment that had been in the Persian Gulf would be considered exposed. If they become ill, this bill would ensure that the illnesses would be deemed service-connected, and VA health care and compensation would be provided.
Secondly, approximately 20 million gallons of herbicides were used in Vietnam between 1962 and 1971 to remove foliage and vegetation that provided cover for enemy forces during the Vietnam War. Following their military service in Vietnam, some veterans reported a variety of health problems and concerns due to exposure to Agent Orange or other herbicides and pesticides.
My second bill, H.R. 6032 would establish a presumption of service-connection for Parkinson's disease due to exposure to Agent Orange for Vietnam veterans.
I was in Minnesota in Mr. Walz's district, last year, and the Vietnam veterans group there gave me a list of hundreds and hundreds of Vietnam veterans who had gotten Parkinson's in their early fifties, way earlier than, the general population typically becomes afflicted with this disease. It is clear there is some connection here.
Although the Department of Veterans Affairs has developed a comprehensive program to respond to the Agent Orange-related medical problems, there is a lengthy list of diseases that are service-connected under title 38, section 1116, which is updated as evidence examined by the Institute of Medicine (IOM) dictates, however, the list does not include Parkinson's disease. Recently, the IOM's report indicated that the evidence is insufficient to establish an association between Parkinson's disease and the herbicides. But recently, two studies presented to the Committee from Stanford University and the Iowa Agricultural Health Study update of 2007 seem to indicate that Vietnam veterans are more than two-and-a-half times more at risk for contracting Parkinson's than the general population, and connect Agent Orange to an increased likelihood of contracting the disease.
I believe there is an association between the degenerative effects of Parkinson's and Agent Orange, and I urge the IOM to consider the findings of those studies. At the very least, as pointed out by Chairman Hall, we need to examine the disconnect between modern medicine and the current provisions under section 1110, which only allow service-connection for chronic conditions that manifest within one year of service. Modern science clearly establishes that the symptoms of these many degenerative diseases can take decades to onset.
So, I also look forward to exploring these discrepancies and the issue of insecticide exposure during military spray operations to control mosquitoes and to stop casualty rates due to malaria, but then, have other unintended harmful effects.
Mr. Chairman, both these bills, H.R. 3795 and H.R. 6032, would make a bold statement if enacted: When our men and women volunteer for service or are drafted, they can count on their government to compensate them and to care for them if their service leads to illness.
I thank the Chair.
Mr. HALL. Thank you, Mr. Filner. You make a logical and forceful argument for these bills.
Just to explain procedure, I am going to ask our Ranking Member, the Honorable Mr. Lamborn, first for his opening statement, and then the Members who are on the dais who have legislation before us, and then the Members at the witness table. So first Mr. Lamborn, you are now recognized.
OPENING STATEMENT OF HON. DOUG LAMBORN
Mr. LAMBORN. Thank you, Mr. Chairman, and for yielding. I thank you and your staff for scheduling this hearing today.
This afternoon we are considering several pieces of legislation, all of which are of interest and potential value. While I do have some policy concerns regarding a number of the provisions, I am primarily struck by the mandatory offsets that would be necessary to pass many of these bills under PAYGO rules.
Mr. Chairman, as you know from the PAYGO problems with H.R. 5892, it is always a challenge to find offsets within our jurisdiction, and that is something we need to keep in mind as we examine these bills today.
The main policy concern I wish to express is that some of the provisions before us are similar to section 101 of H.R. 5892 in that they would redefine "combat with the enemy" as it pertains to section 1154 of title 38. Mr. Chairman, my concerns with these types of provisions are not new to you or other Members of this Subcommittee, and I will not reiterate them here except to point out that a loose definition of "combat" would diminish the immeasurable sacrifice and service of those who actually did face combat. While I understand and appreciate the effort to address problems regarding the VA claims backlog, I believe that they are generally the result from procedural problems, and we should address the problems accordingly.
On another note, I look forward to the testimony of the representatives from the Institute of Medicine, IOM, who will hopefully enlighten the Subcommittee about the process involved in establishing a presumption of service connection for certain illnesses and disabilities. Experts at VA and IOM have years of experience in dealing with these issues, and I think it is important for Congress to avail itself of their expertise whenever possible.
Mr. Chairman, I again extend my thanks to you and your staff for holding this hearing, and I look forward to hearing the testimony of our colleagues and the other witnesses today. I yield back.
[The statement of Congressman Lamborn appears in the Appendix.]
Mr. HALL. Thank you, Mr. Lamborn.
The Chair recognizes Mr. Space for testimony on his legislation.
STATEMENTS OF HON. ZACHARY T. SPACE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF OHIO; A HON. GUS M. BILIRAKIS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA; HON. CAROL SHEA-PORTER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW HAMPSHIRE; HON. DAVID WU, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF OREGON; AND HON. THOMAS H. ALLEN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MAINE
STATEMENT OF HON. ZACHARY T. SPACE
Mr. SPACE. Thank you, Chairman Hall, and thank you, Ranking Member Lamborn, as well as the Members of the Subcommittee, for providing me with the opportunity to speak in favor of H.R. 5709, the "Veterans Disability Fairness Act."
At the end of last year, the Oversight and Investigations Subcommittee held a hearing on an Institute for Defense Analysis (IDA) report regarding the average disability payments received by veterans in each State. The hearing revealed that the VA's current data is lacking, and that regional cultures may be partly to blame for similarly disabled veterans receiving different ratings, and thus different disability payments.
I introduced legislation specifically geared to correct these discrepancies. "The Veterans Disability Fairness Act" requires the VA to collect and monitor regional data on disability ratings. It requires the VA Secretary to conduct reviews and audits of the rating system. It requires the VA to submit a report on an annual basis to Congress to track the progress of the program. And it requires VA raters to take ownership of their ratings by assigning identification codes to all adjudications. The performance of specific raters will be then evaluated periodically for consistency and accuracy.
The current short-changing in ratings is not reflective of our heroes' service, and there is no reason that a veteran from one State should receive less than veterans in other States. This legislation is an important step in addressing these issues and in providing needed oversight.
Additionally, H.R. 5709 supplements this Subcommittee's work on Chairman Hall's 5892, the "Veterans Disability Benefits Claims Modernization Act." Section 106 of that bill calls for an annual assessment of the quality assurance program that examines data from regional offices (ROs), the accuracy of evaluated claims, and creates automated, categorizable data to better identify trends. My bill will require accountability by enabling the specific identification of potentially problematic claims raters who may knowingly manipulate claims. Alternatively, this legislation will protect those claims raters who are doing their jobs with integrity.
This bill is incredibly important to the veterans of Ohio. Our State was ranked dead last in average disability payments, and I cannot stand for this. According to the IDA report, the national average disability payment is $8,890. Ohio's average is $7,556. New Mexico, which had the highest in the country, is on average $12,395 annually. You can see that that is a significant discrepancy. And I believe that we must act to restore parity to the disability payment system to ensure that each veteran receives the full benefit of what he or she was promised. Senator Sherrod Brown, also of Ohio, and also a Member of the Senate Veterans' Affairs Committee, agrees, and he has introduced identical companion legislation in the Senate.
I would like to thank you once again, Chairman Hall, along with Members of the Subcommittee for their consideration of H.R. 5709, and I am grateful for the opportunity to present this important piece of legislation. Thanks.
[The statement of Congressman Space appears in the Appendix.]
Mr. HALL. Thank you, Mr. Space. We will give it every consideration, and the other panels will, I am sure, have comments to make on your bill, as well as the others before us today.
The Chair would now recognize Mr. Bilirakis for five minutes to testify on his bill.
STATEMENT OF HON. GUS M. BILIRAKIS
Mr. BILIRAKIS. Thank you so much.
I would like to start by thanking you, Chairman Hall and Ranking Member Lamborn, for including my legislation, H.R. 1197, on today's hearing agenda. "The Prisoners of War Benefit Act" is a bill that my father, Congressman Mike Bilirakis, first introduced several Congresses ago. He was able to make some progress on this legislation before he retired in 2006, and I am pleased to be continuing his efforts on this important issue in the 110th Congress.
"The Prisoners of War Benefits Act" is intended to improve the benefits currently available to former POWs. In 1981, Congress established several service-connected presumptions for certain medical conditions that affect former prisoners of war. However, because of a very high level of research certainty, 95 percent was required before establishing presumptive status, many other medical problems common in POWs have been excluded.
My legislation establishes service-connected presumptions for two additional medical conditions, Type 2 diabetes and osteoporosis. My staff has worked with the American Ex-Prisoners of War to identify these conditions as having strong evidence of a relationship between the POW experience and the most onset of the disease.
Congress has passed legislation giving the Department of Veterans Affairs specific standards for determining whether the addition of new presumptive diseases for Vietnam and Gulf War vets is warranted. These standards require a positive association for the adoption of a presumptive condition. However, Congress has not established a process for VA to add to the list of former POW presumptive diseases established in 1981.
In 2001, the VA Advisory Committee on Former Prisoners of War recommended the burden for establishing POW presumptions be adjusted to match the standards used for other beneficiary groups. Therefore, H.R. 1197 includes a provision to establish a process by which the VA could determine future presumptive conditions for former POWs when there is a positive association between the experience of being a prisoner of war and the occurrence of a disease or condition. Under my legislation, the VA's Secretary would have to review the recommendations of the Advisory Committee on Foreign Prisoners of War and all other sound medical and scientific evidence, attachment, and analysis available when making this determination.
Under current law, to be eligible for disability compensation for certain conditions presumed to be service-connected for former POWs, a veteran must have been held in captivity for 30 or more days. At the time when some of the original POW presumptions were enacted, short-term prisoners of war were unusual. Prisoners of war from more recent conflicts have been confined for shorter periods of time. H.R. 1197 would remove the 30-day minimum requirement, making all former POWs eligible, regardless of how long they were held captive. This provision is based on the recommendations of the VA's Advisory Committee on Former Prisoners of War, which concluded in 2001 that this 30-day requirement should be repealed.
The 108th Congress did enact a partial repeal of the 30-day minimum requirements as part of the Veterans Benefits Act of 2003. Specifically, this law eliminated the requirement that a POW be held for 30 days or more to qualify for presumptions of service connection for certain disabilities. Although I am pleased the Congress took this initial step, I believe that more can be done in this regard, and urge my colleagues to support H.R. 1197 for this reason.
Before I close, Mr. Chairman, I would like to mention how pleased I am that we have also included H.R. 5454 to today's agenda. H.R. 5454, I believe sponsored by Representative Brown, which I have cosponsored as well, would establish a presumption of service connection for amyotrophic lateral sclerosis (ALS) . I have heard from some of my constituents whose loved ones suffer from this devastating disease. They firmly believe there is a link between their loved one's military service and their developing ALS.
In closing, Mr. Chairman, I want to thank you once again for including my bill in today's hearing. I hope that you and our other Members, our other colleagues on the Subcommittee, will support H.R. 1197 and H.R. 5454. I look forward to hearing the testimony from today's witnesses.
Thank you, Mr. Chairman. I appreciate it.
[The statement of Congressman Bilirakis appears in the Appendix.]
Mr. HALL. Mr. Bilirakis, thank you very much for your eloquent testimony on behalf of those bills, and we will hear testimony from our other panels soon about them.
But first we will turn to our fellow Members of Congress, starting with the Honorable gentlelady from New Hampshire, Ms. Carol Shea-Porter, speaking on her bill, H.R. 5155.
STATEMENT OF HON. CAROL SHEA-PORTER
Ms. SHEA-PORTER. Thank you, Chairman Hall and Ranking Member Lamborn, for taking up my bill, H.R. 5155, the "Combat Veterans Debt Elimination Act." I am honored to testify before you today on behalf of our servicemembers and their families. Our soldiers, sailors, airmen, Marines and Coast Guardsmen are on the front line of this generations' struggle against terrorism. Our Nation's bravest have answered the call, and in towns and villages around the world they are stepping into the breach to secure freedom, preserve liberty, and provide relief.
Tragically, some die in service to our country. Mourning our fallen is a difficult and somber reminder that we are in a state of persistent conflict. For some families, though, the mourning process has been interrupted by an unfortunate bureaucratic procedure. Under Title 38 of the U.S. Code, the Veterans Administration is required to collect certain debts from the estates of servicemembers killed in combat. That procedure is wrong, and this bill is its best and only remedy. These collections, while not common, are unacceptable, and I believe an unintended consequence of a poorly drafted policy.
This fix is simple, appropriate, and necessary. When our servicemembers give their last full measure of devotion, their sacrifice should have had price tag. No debt is larger than the one we owe to our Nation's heroes and their families. "The Combat Veterans Debt Elimination Act" ends the Title 38 requirement, and today we take the first step toward making this right.
It is my firm belief that the VA and I agree on the intent of my legislation, and I expect that they will share those views later in this hearing. I am committed to working with the VA and with the Committee to ensure it provides a proper remedy to this problem without delay. Our interests and our goals here are the same. Together we can agree to right this wrong and prevent further attempts to collect these small, insignificant debts that amount to little more than a rounding error, roughly 50 cents to every $30 million spent by the Federal Government, a mere pittance unless you are one of these family members.
This country has made a promise to our servicemembers to honor their sacrifice and to care for their families while they do the work of our Nation. This Committee and this Congress have made tremendous steps toward fulfilling these promises. Today we continue that forward progress.
I thank you again for this opportunity to testify before the Subcommittee.
Mr. HALL. Thank you, Ms. Shea-Porter. I appreciate your thoughtful presentation about this very worthy piece of legislation.
Next the Chair recognizes the Honorable gentleman from Oregon, Mr. Wu.
Mr. WU. Thank you, Chairman Hall, and Ranking Member Lamborn and distinguished Members of the Subcommittee, for the opportunity to testify today on behalf of my bill, H.R. 3008, the "Rural Veterans Services Outreach and Training Act."
A few years ago I was made aware of a problem that directly affects millions of individuals who have defended our country. Due to budget cuts in many areas, including my home State of Oregon, county veterans service officers are not being funded at adequate levels. County veterans service officers provide veterans with advice, support, casework service, and other services about their VA benefits. There is a singular need for these services in our rural communities.
There are approximately three million veterans living in rural areas in the United States. A 2004 report published in the American Journal of Public Health shows that veterans in rural areas are in poorer health than their urban and suburban counterparts. Without access to casework services, these veterans go without all the benefits they need, deserve, and have earned.
Some may argue that veterans in rural areas can simply drive to the nearest VA regional office, but for many veterans and their caregivers, this is impractical. According to the National Rural Health Association, the average distance a rural veteran must travel to get care is 63 miles. For someone who has endured the trauma of a battlefield injury and begun the long, arduous process of rehabilitation, this is often simply too much to ask.
Without access to a county veterans service officer, veterans must rely solely on customer service representatives over the telephone or the Internet in order to access their VA services. But anyone who has ever encountered an automated phone system knows how frustrating and discouraging this can be.
Veterans who have suffered physical, emotional, or psychological injuries should not be forced to navigate the VA bureaucracy alone because they do not live near a VA Regional Office. Our veterans deserve better, have earned better, and will get better under this bill.
County veterans service officers provide rural communities with more than just their expertise. I believe our veterans are best served by their fellow community members. Community members understand a veteran's needs as they relate to his or her community, job, and family and associated circumstances. Armed with this attachment, county veterans service officers can best advocate for the veterans they serve.
With this in mind, I introduced the "Rural Veterans Services Outreach and Training Act," which seeks to improve outreach and assistance to veterans and their families residing in rural areas. This bill establishes a competitive grant program at the Department of Veterans Affairs to help eligible States hire and train county veterans service officers for their own rural communities. The Rural Veterans Outreach and Training Act targets grant money to the communities that need it the most. This legislation requires that grants will be used only to supplement non-Federal funding sources, not supplant them.
We have an obligation to ensure that veterans, wherever they reside, have access to the services they have earned and deserve. Our men and women in uniform give so much in service to our country, and I believe we should act accordingly to ensure that they have access to local assistance to find the help they need. Again, I appreciate the Subcommittee's consideration of the Rural Veterans Services Outreach and Training Act, and on behalf of a grateful Nation and veterans everywhere, I look forward to working with you on this important legislation.
[The statement of Congressman Wu appears in the Appendix.]
Mr. HALL. Thank you, Mr. Wu.
As one who represents a district that is in New York, which people think of as concrete and skyscrapers, but nonetheless has within it Orange County, the black dirt farmers and vast stretches of rural landscape stretching toward the Delaware River, I can identify, and my veterans can identify, with the problems you described.
We will now turn to Mr. Allen for testimony on his legislation.
STATEMENT OF HON. THOMAS ALLEN
Mr. ALLEN. Thank you, Chairman Hall and Ranking Member Lamborn, for holding this hearing. I am grateful for the opportunity to testify on my bill, which is H.R. 5448, the "Full Faith in Veterans Act."
What we now know as post traumatic stress disorder, or PTSD, is not a new phenomenon. The enormous stress of military service has long been recognized as the source of disabling psychological and emotional illness for many veterans. Unfortunately, as I have learned from Maine veterans, proving that PTSD is connected to service can be very difficult, and denial of service connection leaves these veterans without access to VA health benefits or disability compensation.
The goal of my bill is to ensure that every veteran whose PTSD resulted from their service receives treatment and, if appropriate, disability compensation. Too often veterans with legitimate claims are met with skepticism and red tape. The story of one of my constituents highlights this problem.
Terry Belanger is an Army veteran from Biddeford, Maine. During his service from 1969 to 1970, his supply vehicle came under enemy fire, he reports, practically every night. Close friends were killed in combat, another died in a stabbing. He witnessed the torture of Viet Cong officers, and he saw the truck ahead of his strike a mine. On one mission a young Vietnamese girl suddenly appeared in front of his truck, and his vehicle ran over the little girl, apparently killing her. Because his convoy was under fire, he could not stop. Terry's nightmares about this incident resurfaced years ago, after he nearly struck another child who darted in front of his car.
When he returned from Vietnam, Terry was diagnosed by healthcare professionals as suffering from severe PTSD resulting from his service in Vietnam. In 1989, he filed a claim with the VA for service-connected PTSD. The claim was denied due to, and I am going to quote, lack of credible attachment of supporting stressors. For years Terry tried to get the Army to search for documents that would prove that these stressors had occurred. In 1993, the National Personnel Records Center basically told Terry to forget it because the requested records, quote, would rarely show specific details about a unit's activities and movements. They say the agency, quote, was unable to perform the extensive research requested due to staffing and budget limitations.
But Terry continued the fight. Finally, in 2005, the National Archives found documents that verified that Terry's unit was in combat for months, but it took another 3 years for the VA to actually approve his claim, which they finally did a few weeks ago, 19 years after the claim was first filed.
Under current law, the veteran bears the burden of producing documents to prove the trauma occurred. How is Terry Belanger supposed to find the records if the government couldn't? In these cases, when no records can be found to substantiate the claim, a veteran can also submit two buddy statements as evidence their claimed stressor actually occurred, but this is no easy task. Many veterans magazines contain ads like this one in the April 2008 issue of VFW magazine. The ad reads, 173rd Airborne Support Battalion, An Khe, Vietnam, 1968-69, seeking anyone who attended Airborne Jungle School when one of the instructors was accidentally shot by one of the other instructors next to me. Anyone there when the school and mess hall were shelled and three people were killed. Need substantiation for PTSD claim. William E. Young, Jr.
Veterans should not have to take out classified ads in order to have their claims for PTSD approved by the VA. In Terry's case, doctors confirmed he had PTSD. His nightmares and flashbacks referred to his time in Vietnam. His government trusted him when he served his country. Why should we distrust him now?
Under my bill, if a veteran is diagnosed by a certified mental health professional as suffering from PTSD relating to the veteran's military service, the VA must accept this finding as sufficient proof of service connection. The VA can rebut this finding of service connection by clear and convincing evidence to the contrary. The bill would ensure that the VA does a better job at diagnosing and treating this debilitating disorder.
A broad array of veterans groups, including Veterans for Common Sense, Swords to Plowshares, and the Maine departments of the American Legion, AMVETS, the DAV, and the Veterans of Foreign Wars, along with Maine's Bureau of Veterans Services support my bill.
For too long America has neglected our responsibilities to the men and women who carry the emotional scars that military service sometimes brings. Terry Belanger's wife wrote, "This wonderful man left part of his soul in Vietnam." I hope and pray that with care and support, Terry and other veterans suffering from PTSD will be restored to full and productive lives. The Full Faith in Veterans Act can help achieve this goal.
I thank the Subcommittee for the opportunity to testify, and would be happy to answer any questions.
[The statement of Congressman Allen and attachments appear in the Appendix.]
Mr. HALL. Thank you, Mr. Allen.
I sympathize and agree wholeheartedly with the intent and the content of your bill. In terms of this presumptive stressor, which includes, among other things, PTSD, it may go beyond and be more thorough than the Disability Claims Modernization Act, H.R. 5892, which we approved out of the Subcommittee and the full Committee a few weeks ago.
The most dramatic case that my staff and I encountered was a World War II veteran who came to us 60 years after he had been swimming in the Pacific Ocean for the second time, after two ships were blown out from under him in World War II. He had started trying in his seventies to get some kind of help for his emotional problems with the flashbacks and the depression and the inability to lead a normal life. Fortunately, he lived long enough that we were able to get him a correct diagnosis. The VA had diagnosed him as schizophrenic with a preexisting condition, meaning when he signed up at age 18, he must have been schizophrenic, but they didn't notice it. We got that turned into 100 percent PTSD classification just last year.
So it is true this applies to any war; especially the wars in Afghanistan and Iraq, where the enemy is not in front of you and your support team behind you. It is sort of everybody is everywhere. And as in Vietnam, it is difficult to tell those who were working with you, be they translators or logistical people, from those, for instance in Iraq, who may turn on you with a bomb or a weapon at any time.
So the stress—whether it is immediate or post traumatic stress—is real, and I congratulate you and commend you for your legislation.
I am going to hold off on questions myself. Other Members of the Committee, would you like to question this panel? If not, we will excuse you. I know you have trains and planes and other modes of transportation to catch. I thank you so much for your legislation. We will be hearing testimony on it from our next panels.
Congressman Wu, Congressman Allen, thank you very much.
Mr. ALLEN. Thank you, Mr. Chairman.
Mr. HALL. We will ask our second panel, Judith Salerno M.D., M.S., Executive Director of the Institute of Medicine, National Academy of Sciences; Sidath Viranga Panangala, Analyst of Veterans Policy for the Congressional Research Service; Christine Scott, Specialist, Social Policy, Congressional Research Services (CRS); and Douglas Weimer, Legislative Attorney for the Congressional Research Services, Library of Congress.
Thank you for joining us. Thank you for your patience. As usual, your written statement is entered into the record. So feel free to shorten it if you want, or embellish upon it if that is what you prefer.
We will begin with Ms. Salerno. You are recognized for 5 minutes.
STATEMENTS OF JUDITH A. SALERNO, M.D., MS, EXECUTIVE OFFICER, INSTITUTE OF MEDICINE OF THE NATIONAL ACADEMIES; AND SIDATH VIRANGA PANANGALA, ANALYST IN VETERANS POLICY, CONGRESSIONAL RESEARCH SERVICE, LIBRARY OF CONGRESS; ACCOMPANIED BY CHRISTINE SCOTT, SPECIALIST IN SOCIAL POLICY, CONGRESSIONAL RESEARCH SERVICE, LIBRARY OF CONGRESS; AND DOUGLAS WEIMER, LEGISLATIVE ATTORNEY, CONGRESSIONAL RESEARCH SERVICE, LIBRARY OF CONGRESS
STATEMENT OF JUDITH A. SALERNO, M.D., MS
Dr. SALERNO. Good afternoon, Chairman Hall and Members of the Subcommittee. My name is Dr. Judith Salerno, and I am the Executive Officer of the Institute of Medicine. I am also honored to have served veterans for nine years while in the Veterans Health Administration.
I am here today to address topics that are pertinent to several of the bills that are being discussed, the topics covered in seven reports that are authored by committees of experts convened by the Institute of Medicine. The reports are part of a long history of the IOM applying its expertise to assist the Department of Veterans Affairs by evaluating scientific evidence in a fair and unbiased manner, and drawing conclusions regarding health effects associated with exposures experienced by our Nation's veterans.
My written testimony provides greater detail on all of the studies that I will summarize today. The first three studies I will discuss are Congressionally mandated, and ask the IOM to examine health outcomes related to exposures during the Vietnam and Gulf wars. H.R. 3795 would add a presumption of radiation exposure for the purposes of service connection for veterans of Gulf war and subsequent conflicts in that theater. The bill also calls for an independent study to determine diseases that may have resulted from these exposures.
H.R. 6032 would provide presumption of service connection for Parkinson's disease for Vietnam veterans exposed to herbicides. IOM expert committees concluded that there was no evidence to either support or rule out an association with numerous health outcomes related to depleted uranium and, in the case of Parkinson's, for exposure to herbicides which were used in Vietnam. The IOM is currently conducti
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