Testimony OF DAVID
M. TUCKER SENIOR
ASSOCIATE LEGISLATIVE DIRECTOR PARALYZED
VETERANS OF AMERICA BEFORE
THE SUBCOMMITTEE
ON BENEFITS OF THE HOUSE
COMMITTEE ON VETERANS’ AFFAIRS CONCERNING BENEFITS-RELATED
LEGISLATION PENDING BEFORE THE SUBCOMMITTEE JULY 10, 2001 Chairman
Simpson, Ranking Member Reyes, members of the Subcommittee, on behalf
of the Paralyzed Veterans of America (PVA) I am pleased to present our
views on benefits-related legislation pending before the Subcommittee
on Benefits. Veterans’
benefits must be looked at as a means for a nation to recognize and
reward the service of its veterans as well as to encourage future
generations to serve with the promise that these benefits will be
there for them. The
benefits measures we will address today send a message, a message
meant to assure the men and women who serve in our Armed Forces that
we shall not forget their sacrifices, or their service. For
veterans to receive benefits earned by their service, and their
sacrifices, they must first be made aware of them.
Two measures, H.R. 1435, the “Veterans’ Emergency Telephone Service Act of
2001,” and H.R. 1746, a
bill to require the Department of Veterans Affairs (VA) to establish a
single toll-free telephone number to ensure public access to veterans
benefits counselors, are attempts to accomplish this important goal.
PVA has concerns regarding both of these measures. At
this time, PVA is unable to support either H.R. 1435 or H.R. 1746.
We note that the VA already has a toll-free telephone number to
respond to informational requests.
In addition, we believe that the VA should operate any
informational hotline that is created in addition to the service it
currently operates: the VA has the expertise, and the mandate, to
accurately answer informational requests and to assist veterans with
their benefits claims. More
can be done to make the general public aware of this resource, and
more can be done to improve it. We
call on the VA to move forward to address the concerns underlying
these two measures. By
working closely with this Subcommittee and veterans’ groups, the VA
will be better able to improve its informational resources and make
available its expertise in veterans’ benefits to veterans and the
general public. It
is projected that this year an estimated 10 percent of all Vietnam
veterans may suffer from diabetes mellitus, also known as Type 2
diabetes. In the past,
they have had to bear the financial burden of this disease because it
was not recognized as a service-connected disability.
As mandated by the VA, effective on July 9, 2001, Type 2
diabetes will be added to the growing list of disease that are
presumed to be service-connected as a result of exposure to
herbicides. Recognizing
the need of those effected by Type 2 diabetes is paramount to
successfully improving their quality of life.
PVA does not oppose H.R.
862, but we feel it is unnecessary given the actions undertaken by
the VA, and currently authorized and mandated by title 38, to
establish by regulation the presumption of service-connection for
veterans effected by Type 2 Diabetes.
The VA, acting under authority granted in 38 U.S.C. § 1116,
determined that there is an association between herbicide exposure and
Type 2 diabetes based upon reports of the National Academy of
Sciences. Therefore, the
goal of the legislation, to provide a presumption of
service-connection for Type 2 diabetes, has already been accomplished. PVA
does not oppose H.R. 1406,
the “Gulf War Undiagnosed Illness Act of 2001.”
We have stated in testimony before the Senate that we do not
oppose S. 409, the “Persian Gulf War Illness Compensation Act of
2001.” We believe that
a more inclusive definition of an “undiagnosed illness,” as found
in 38 U.S.C. § 1117, is necessary and we note that Section 2 of H.R.
1406 is a meaningful step forward in accomplishing this goal. PVA also believes that action must be taken to extend the
presumptive period, currently slated to end on December 31, 2001.
We are aware that the VA is undertaking a review under
authority granted in 38 U.S.C. § 1117(b) to determine if the
presumptive period should be extended.
If the VA decides that this period should not be extended, then
we believe that prompt legislative action will be necessary.
PVA does not oppose Section 3, which grants authority to the VA
to provide for the participation of Persian Gulf veterans in research
projects without fear that information garnered during the course of
the research project will be used in adjudicating their entitlement
for compensation benefits. PVA
believes that this is acceptable as long as the veteran has granted
his or her full and informed consent to participate in the research
project. PVA
supports H.R. 1929, the “Native American Veterans Home Loan Act of 2001.”
Since the inception of this pilot program in 1992, and its
extension from 1997 to December 31, 2001, 233 Native American
veterans, residing on trust lands, have been able to achieve the dream
of home ownership. We believe, as we have testified before the Senate that this
successful pilot program should be made permanent. We believe that Section 3 of this measure, authorizing
the use of other federal memoranda of understanding is an innovative
idea that could mean more Native Americans taking advantage of this
program. We believe that
the reporting requirements, contained in 38 U.S.C. § 3762 (j) should
also be extended through 2005, or, if this program is made permanent,
as PVA recommends, extended indefinitely.
These reporting requirements are slated to expire in 2002. The
National Service Life Insurance (NSLI) program was available between
1940 and 1951. Twenty-two
million policies were issued, of which 1.9 million are still in force.
The average age of policyholders is 74.
The United States Government Life Insurance (USGLI) program was
available between 1919 and 1951.
Currently, there are fewer than 20,000 policies in force, and
the average age of policyholders is 81.
Section 1 of H.R. 2359 would provide a mechanism for the
payment of insurance proceeds of policies issued under these two
programs when the first beneficiary cannot be identified. PVA
has concerns regarding this section.
Many designated beneficiaries may not even be aware that they
are beneficiaries, and hence would not be able to make a claim within
the two year time period established by this legislation.
In addition, this section grants too much discretion to the
Secretary to determine who may be “equitably entitled to the
proceeds of the policy.” PVA
believes that the wishes of policyholders should be followed as far as
is practicable. Perhaps
the VA should be more aggressive in locating and notifying
beneficiaries. PVA
does not oppose Section 2 of
H.R. 2359, extending the Native American Veteran Housing Loan
Pilot Program. As we have discussed above, PVA believes that this program
should be made permanent. We
do not oppose granting an extension, and we recommend that the
reporting requirements, due to expire next year, be made to run
permanently or through 2005. PVA
does not oppose subsection (c) of Section 2. Finally,
PVA does not oppose Section 3
of H.R. 2359. This
section would eliminate the requirement for providing a copy of the
Notice of Appeal filed with the Court of Appeals for Veterans Claims
with the VA. PVA
supports H.R. 2361, the “Veterans’ Compensation Cost-of-Living Adjustment
Act of 2001.” We do
oppose again this year, as we have in the past, the provision rounding
down to the nearest whole dollar compensation increases. The way we treat veterans today will either encourage or discourage the men and women currently contemplating service. This is why it is so important that benefits promised be delivered, and that these benefits maintain their original goals, and their original intentions. The availability, as well as the scope, of benefits sends a clear message concerning the importance of military service to this Nation, to those who are veterans and to those who will be veterans in the future. This
concludes PVA’s testimony concerning benefits-related legislation
before this Subcommittee. I
will be happy to answer any questions that this Subcommittee may have. DAVID
M. TUCKER
David
M. Tucker is the Senior Associate Legislative Director for the
Paralyzed Veterans of America (PVA), a non-profit veterans service
organization chartered by the United States Congress. Mr. Tucker has been with PVA since 1993.
He is responsible for federal legislation and government
relations, including budget and appropriations; tax policy; health
care; medical research; compliance with non-profit tax statues, the
Lobby Disclosure Act, gift and ethics rules, and campaign finance
provisions; and general legal, judicial, and constitutional issues.
He writes regularly for Paraplegia News. Prior to coming to PVA, Mr. Tucker was a staff
member in the Office of the President and Vice President-Elect and
briefly served as a staff member in the Executive Office of the
President. While
attending law school, Mr. Tucker was a Summer Associate with Central
Virginia Legal Aid, served as a Staff Editor of the Colonial
Lawyer (currently the Bill
of Rights Journal) and was elected Treasurer of the Student Bar
Association. Mr. Tucker
has also been affiliated with the Colonial Williamsburg Foundation and
the investment house of A.G. Edwards & Sons, Inc.. Mr.
Tucker holds degrees from the University of Utah (B.A. 1988) and the
College of William & Mary, Marshall-Wythe School of Law (J.D.
1991). He is a member of
the Virginia Bar and the American Bar Association.
He currently resides in Washington, D.C.. Information
Required by Rule XI 2(g)(4) of the House of Representatives Pursuant
to Rule XI 2(g)(4) of the House of Representatives, the following
information is provided regarding federal grants and contracts. Fiscal Year
2001
Court
of Appeals for Veterans Claims, administered by the Legal Services
Corporation — National Veterans Legal Services Program—
$83,000 (estimated as of February 28, 2001). Fiscal Year
2000
General
Services Administration —Preparation and presentation of seminars
regarding implementation of the Americans With Disabilities Act , 42
U.S.C. §12101, and requirements of
the Uniform Federal Accessibility Standards — $30,000. Federal
Aviation Administration – Accessibility consultation -- $12,500. Court
of Appeals for Veterans Claims, administered by the Legal Services
Corporation — National Veterans Legal Services Program—
$200,000. Fiscal Year
1999
General
Services Administration —Preparation and presentation of seminars
regarding implementation of the Americans With Disabilities Act , 42
U.S.C. §12101, and requirements of
the Uniform Federal Accessibility Standards — $30,000. Court of Appeals for Veterans Claims, administered by the Legal Services Corporation — National Veterans Legal Services Program— $240,000. Back to Witness List |