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TESTIMONY OF

RICHARD C. SCHNEIDER

DIRECTOR OF STATE/VETERANS AFFAIRS 

BEFORE THE  

SUBCOMMITTEE ON BENEFITS

COMMITTEE ON VETERANS AFFAIRS

U.S. HOUSE OF REPRESENTATIVES

ON

H.R. 1020, H.R. 3816, H.R. 3998 AND H.R. 4131 

APRIL 13, 2000

 

DISCLOSURE OF FEDERAL GRANTS AND CONTRACTS 

The Non Commissioned Officer Association of the USA (NCOA) does not currently receive, nor has the Association ever received, any federal money for grants or contracts. All of the Association’s activities and services are accomplished completely free of any federal funding.

INTRODUCTION

Mr. Chairman and distinguished Members of the Subcommittee, the Non Commissioned Officers Association of the USA (NCOA) is most grateful for the opportunity to appear today. As an accredited veteran service organization, the Association is privileged to assist veterans in the preparation and submission of compensation and pension claims to the Department of Veterans Affairs (VA). NCOA recognizes that this hearing today is critically important to all men and women who serve or have served in the Uniformed Services of this Nation. Our discussion today focuses on a number of health issues that impact service members, veterans and relates to fairness in the disability arena in the manner in which they are treated.

Proposed Legislation and Recommendations

H.R. 1020

The Bill proposes to amend Title 38, United States Code, to establish a presumption of service connection for the occurrence of hepatitis C in certain veterans that experience one or more of the following:

"(1) Transfusion of blood or blood products before December 31, 1992.

"(2) Blood exposure on or through skin or mucous membrane.

"(3) Hemodialysis.

"(4) Tattoo or body piercing or acupuncture.

"(5) Unexplained liver disease.

"(6) Unexplained abnormal liver function tests.

"(7) Working in a health care occupation."

NCOA notes that the Department of Veterans Affairs has already published an educational series of 10 topics on Hepatitis C or HCV for short. The first fact sheet entitled Do I Need to Get Tested for Hepatitis C contains a section to help veterans determine if they are at risk for HCV. In fact, it states that some people are at greater risk than others and proceeds to list every consideration contained in the proposed legislation. A significant recommendation on that fact sheet is the recommendation of testing if "you are a Vietnam-era Veteran."

NCOA recommends that Title 38, United States Code, be immediately amended as recommended by H.R. 1020. The Association recognizes that the advances in medical science, as evidenced by the VA fact sheets, are sufficient to recognize that all service members and veterans may be at risk for HCV.  

H.R. 3816

The Bill proposes to amend Title 38, United States Code, to provide that a stroke or heart attack that is incurred or aggravated by a member of a reserve component in the performance of duty while performing inactive duty training shall be considered service connected for purposes of benefits. The specific wording of the amendment is of concern to NCOA. The wording follows:

"For purposes of this paragraph, a cardiovascular accident or an acute myocardial infarction incurred in performance of duty during a period of inactive duty training shall be considered to be an injury incurred or aggravated in line of duty."

The Association recommends two changes to clarify the intent of HR 3816.

First, NCOA is confused by the use of the word accident instead of the word incident. Frankly we are uncertain about what might be a cardiovascular accident. However, a cardiovascular "incident" or "event" might include tachycardia, bradycardia, and dozens of other conditions. Accordingly, NCOA recommends that "event" or "incident" be substituted for the word accident in the bill.

Second, the Association fully supports the concept contained in H.R. 3816 that would service-connect members of reserve components who experience either a cardiovascular incident or acute myocardial infarction during any period of inactive duty training. Yet NCOA believes the language must also account for reasonable periods of travel to and from drill and for periods between multiple-drill sessions.

NCOA strongly believes the legislation must specifically address that period of time associated with reasonable travel to and from inactive duty training assignments. At issue is the fact that many members of the reserve components travel extensive distances to meet their inactive duty training obligations. The concept that these citizen-soldiers fulfill their reserve obligations in the local community is no longer valid. The reality is that reserve training facility closures and unit dis-establishments have forced increasing numbers of reservists to travel longer distances to continue participation, oftentimes on an involuntary basis. For career members, travel is the only option when no other assignment is available locally. These career citizen soldiers work full time jobs and then commence travel, oftentimes on Friday nights, to drive, or in some cases, fly to report for duty at their units of assignments. These travel requirements associated with their unit training assembly place them at increased risk for acute cardiac-related problems.

The Association also believes that H.R. 3816 must be modified to include that period of time between multiple-drill periods when the member may not be in a travel status. NCOA is specifically referring to that period of time after completion of travel on Friday and following the conclusion of training on a Saturday afternoon and the commencement of training on a Sunday morning. Reservists who travel long distances to attend training are authorized housing, either in a barracks or contracted quarters on Friday and Saturday nights. While the Association believes the intent of H.R. 3816 is to include these periods, the absence of language specifically stating coverage could be problematic.

NCOA strongly recommends that the language in H.R. 3816 be modified to include reasonable travel time to and from inactive duty training and specifically indicate coverage for the period of time between multiple-drill periods as stated in the preceding paragraph.

H.R. 3998

The Bill would provide that the rate of compensation paid by the Department of Veterans Affairs for the service-connected loss of one or both breasts due to radical mastectomy shall be the same as the rate for the service-connected loss or loss of use of one or more creative organs.

NCOA strongly supports H.R. 3998 and recommends compensation be authorized under the Department of Veterans Affairs K Rate.

H.R. 4131

THE VETERANS COMPENSATION COST-OF-LIVING ADJUSTMENT ACT OF 2000

H.R. 4131 would authorize, effective December 1, 2000, an increase in the rates of disability compensation for veterans with service connected disabilities and the rates of dependency and indemnity compensation for survivors of certain disabled veterans. The proposal would increase benefits by the same percentage as that payable under Title II of the Social Security Act as determined under Section 215(i) of the Social Security Act [42 U.S.C.415 (i)].

NCOA opposes the enactment of H.R. 4131. The Association does not believe it is proper or necessary to tie the fate of future compensation increases to the Social Security program. Additionally the need to provide an annual increase in compensation benefits by process of specific legislation assures an annual program review that is reassuring to veterans. Creating a link between Social Security benefits and veterans compensation increases could cloud future compensation increases as changes are made to assure solvency in the Social Security program.

The Association recommends instead of H.R. 4131 that the Committee seize this opportunity to enact legislation to repeal the provisions contained in sections 1104 and 1303 of Title 38 USC. Repealing these sections would sever the current ties between veterans and Social Security benefit increases and would also eliminate the rounding down provisions enacted as an economy measure several years ago. In this era of budget surpluses it is no longer necessary to penalize veterans and their survivors by reducing their compensation in this manner. 

CONCLUSION

Mr. Chairman and distinguished members of the Committee, NCOA again thanks you for this opportunity to present its thoughts on these important legislative initiatives. Each bill under consideration deserves your expeditious consideration and approval.

Thank you.

BIOGRAPHY

Of

Richard C. Schneider

Director of State/Veterans Affairs 

Mr. Schneider is the National Director of State/Veterans Affairs, Non Commissioned Officers Association of the United States of America. His responsibilities include executive management of all NCOA programs that support America's veterans. These include service transition, employment, benefit rights and adjudication processes. He directs 473 NCOA Veteran Service Officers located in the United States and overseas. Additionally, he provides legislative focus for 46 NCOA State Legislative Coordinators, which represent NCOA in State Legislative Affairs. Mr. Schneider concurrently serves as the Executive Director of NCOA's National Defense Foundation. In this capacity, he is responsible for the Association's Voter Registration Program including the operation of the National Voter Registration and Information Center in cooperation with the Department of Defense. He also manages NCOA's Operation Appreciation, which provides grants to benefit hospitalized veterans and other association determined humanitarian outreaches.

Mr. Schneider was born in New Jersey. He was raised in the Garden State attending elementary and secondary schools in Lyndhurst. He has a Bachelor of Science from the University of Southern Colorado (1972) and a Master of Arts from the University of Northern Colorado (1974).

He served in the United States Air Force from August 1957 to September 1990. Mr. Schneider retired in the grade of Chief Master Sergeant. He held significant assignments in management and personnel planning throughout his military career. His military decorations include the Legion of Merit, the Meritorious Service Medal with two Oak Leaf Clusters and the Air Force Commendation Medal with four Oak Leaf Clusters.

He is currently the Secretary, Board of Directors, Pentagon Federal Credit Union, Alexandria, VA. He also is currently the Chairman of the Board, Financial Technologies, Inc., Chantilly, VA.

Mr. Schneider is married to the former Anne Ferguson of Prestwick, Ayshire, Scotland. They have four children: three daughters, Kristin, Leslie, and Fiona; and a son, Richard.

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