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STATEMENT
OF JOSEPH
A. VIOLANTE NATIONAL
LEGISLATIVE DIRECTOR OF
THE DISABLED
AMERICAN VETERANS BEFORE
THE COMMITTEE
ON VETERANS’ AFFAIRS SUBCOMMITTEE
ON BENEFITS UNITED
STATES HOUSE OF REPRESENTATIVES JULY
10, 2001 MR. CHAIRMAN AND
MEMBERS OF THE SUBCOMMITTEE:
On behalf of the more than one million members of the Disabled
American Veterans (DAV) and its Auxiliary, I express my appreciation
for this opportunity to present the views of our organization on
several pieces of legislation before the Subcommittee.
Mr. Chairman, I wish to commend you, Ranking Democratic Member
Reyes, and all members of the Subcommittee for your decision to give
hearing consideration to the legislation contained on today’s
agenda. We deeply value
and appreciate the advocacy that this Subcommittee has always
demonstrated on behalf of America’s service-connected disabled
veterans.
The legislation pending before this Subcommittee covers a range
of issues important to veterans and their families.
The DAV is an organization devoted to advancing the interests
of service-connected disabled veterans, their dependents and
survivors. For the past eight decades, the DAV has been devoted to one
single purpose: building
better lives for our nation’s disabled veterans and their families.
During the past 80 years, the DAV has never wavered in its
commitment to serve our nation’s service-connected disabled veterans
and their families.
The centerpiece of DAV programs is our veterans’ claims
assistance service. We
employ a corps of 250 National Service Officers (NSOs) that we have
thoroughly trained in veterans’ benefits law and the medical aspects
of disability evaluation. These
NSOs, who are themselves service-connected disabled veterans, must
successfully complete a combination of 16 weeks intensive classroom
instruction in our own National Service Officer academy and an
additional 12 months on-the-job training.
Our NSOs provide free benefits counseling and claims assistance
to hundreds of veterans and family members each day in DAV offices
around the country. For
the eleven-month period, from July 1, 2000 to May 31, 2001, DAV NSOs
filed 127,620 new claims for veterans and their families seeking
benefits from the Department of Veterans Affairs (VA). Among
the several organizations that represent veterans before the Board of
Veterans’ Appeals (BVA), the DAV represents by far the largest
number and percentage of the total number of appellants.
In fiscal year (FY) 2000, we provided representation in 11,061
of the cases decided by BVA, which was more than 35% of represented
appellants and 32.5% of all appellants. The
DAV is also the largest single practitioner before the United States
Court of Appeals for Veterans Claims.
Our judicial appeals staff filed 168 appeals in 2000.
Of the 127 cases for which a disposition was reached in the
Court last year, 122 were reversals or remands.
The Court affirmed the BVA decisions in only five of our
appeals. We therefore had
a remarkable 96% success rate at the Court. In
striving to even more effectively meet veterans’ needs and ensure
they receive the benefits our grateful nation has authorized for them,
we have undertaken two new initiatives to enhance and expand benefits
counseling and claims representation services to veterans.
The first of the two programs involves outreach to members of
the Armed Forces at the location and time of their separation from
active service. The
second involves services to veterans in the communities where they
live. For
benefits counseling and assistance in filing initial claims, the DAV
has hired and specially trained 23 Transition Service Officers who
will provide these services at military separation centers, under the
direct supervision of DAV National Service Officers.
This corresponds to goals in the strategic plans of both VA and
the DAV. By accepting and
deciding compensation claims at separation centers where the service
medical records and examination facilities are readily available,
VA’s strategic plan envisions better, more prompt service to
veterans in a way that is also more efficient and effective for VA.
This enhancement in assistance to those seeking veterans’
benefits will contribute to the DAV’s strategic goal of maintaining
its preeminent position as a provider of professional service to
veterans. The DAV’s new Mobile Service Office program is a part of the same goal. By taking its service offices on the road to rural America and assisting veterans where they live, the DAV will increase accessibility to the benefits our Nation provides for veterans. The DAV has initially put 12 of these specially equipped mobile offices on tour to make stops in communities across the breadth of the country. In an initial 7-day trial run of one of our Mobile Service Office units in January of this year, we interviewed 616 veterans and other potential claimants. We accepted new powers of attorney to represent 336 claimants, and we completed 458 applications for benefits. This program officially started in March 2001. Since then, we have visited 620 cities around the country. This program promises to be very successful. For its first year, we project that we will conduct 40,000 interviews, take 29,500 applications for benefits, and execute 20,000 new powers of attorney. H.R.
862
This measure would amend title 38, United States Code, to add
Diabetes Mellitus (Type 2) to the list of diseases presumed to be
service connected for veterans exposed to certain herbicide agents.
Diabetes Mellitus (Type 2) would be added as subparagraph (h)
under Section 1116(a)(2) of title 38, United States Code. This bill would codify the decision of the Secretary of Veterans Affairs, under the authority granted by title 38, United States Code, section 1116, to establish presumptive service connection for Type 2 diabetes as a condition related to exposure to certain herbicide agents. The final rule published by the VA in the May 8, 2001 Federal Register, 66 Fed. Reg. 23,166, implemented the Secretary’s decisions.
The DAV supports this legislation. H.R.
1406
This legislation would amend title 38, United States Code,
section 1117, to improve presumptive compensation benefits for
veterans with ill-defined illnesses resulting from the Persian Gulf
War.
This measure would expand the list of disabilities recognized
as a disability resulting from service in the Persian Gulf War. It would add fibromyalgia, chronic fatigue syndrome, a
chronic multi-symptom illness, or any other ill-defined illness (or
combination of ill-defined illnesses), under subsections (a) and (c)
of section 1117.
The bill would also add a provision to allow a Gulf War veteran
in receipt of compensation under section 1117 or 1118 to participate
in a research project sponsored by VA without fear of losing his or
her entitlement to compensation based on medical information derived
directly or indirectly from participation in the research project.
The DAV supports the provisions of this legislation to expand
the list of disabilities for which service connection can be presumed
for Gulf War veterans and to protect the benefits of those Gulf War
veterans who participated in VA-sponsored research projects.
We note, however, that the presumptive period for the
manifestation of undiagnosed illnesses is due to expire at the end of
this year. See 38 C.F.R., section 3.317(2000). Section 1117(b) provides that the Secretary shall prescribe
the appropriate time period for the presumption.
It is extremely important, especially for those men and women
who continue to serve in the Persian Gulf region, that the presumptive
period not be allowed to expire on December 31, 2001.
If VA is unwilling to extend the date beyond December 31, 2001,
then this Subcommittee should propose to amend section 1117(b).
We note that H.R. 612 has a provision to extend the presumptive
period for an additional 10 years.
The DAV supports extending the presumptive period for Gulf War
illnesses beyond December 2001. H.R.
1435
This measure would authorize the Secretary of Veterans Affairs
to award grants to provide for a national toll-free hotline to provide
information and assistance to veterans and their families, including
crisis intervention counseling, general information with respect to
veterans’ benefits under title 38, United States Code, and
information with respect to provisions of emergency shelter and food,
substance abuse rehabilitation, employment training and opportunities,
and small business assistance programs.
The provisions of this bill limit a grant to a period of not
more than two years, with payment subject to annual approval by the
Secretary and subject to the availability of appropriations. The
proposed legislation would require a private, non-profit entity to
contract with a carrier for use of a toll-free telephone line; employ
trained and supervised personnel to answer incoming calls and provide
counseling and referral service to callers on a 24-hour-a-day basis;
assemble and maintain a current database of information; and publicize
the hotline. The private,
non-profit organization must demonstrate that it is a nationally
recognized expert in the area of furnishing assistance to veterans and
have a record of high quality service in furnishing such assistance,
including the support from advocacy groups, such as veterans service
organizations.
As written, the DAV is opposed to H.R. 1435.
This measure attempts to take away an intrinsical part of
VA’s mission of service to veterans and their families.
Since about 1993, the VA has had a toll-free number whereby
veterans or other VA claimants could obtain information about benefits
and health care services. VA
counselors also have available to them information on benefits offered
by other federal departments and agencies and states.
In March 2001, the DAV conducted a nationwide survey of VA’s
national toll-free hotline. The
supervisory NSOs in all of our offices were asked to call the VA
toll-free number and track how many times they had to call before they
got through and how long they had to wait to receive the requested
service. They were
instructed to request the “new” Agent Orange Help Line toll-free
number, which had been published by the VA the week prior to our
survey.
The results of our survey were surprising and somewhat
unexpected. In all but a
few cases, our NSOs were able to access the help line on the first
call. In one case, in
Hartford, Connecticut, it took 14 tries before they were able to get
through; however, very few NSOs received a busy signal when they
called. For the most
part, services were rendered in less than five minutes—this was
total call time. In the
vast majority of the calls, our NSOs received the correct toll-free
Agent Orange Help Line phone number.
In some cases, our NSOs were put on hold while the counselor
obtained the phone number. In
a few cases, our employees were referred to either the medical center
or the Agent Orange registry. Overwhelmingly,
we were informed that the counselors were polite and courteous.
In some cases, the counselors offered to provide any additional
assistance that might be needed on other matters.
The only complaint we received from a few of our supervisory
NSOs dealt with the automated, recorded message they had to listen to
before reaching a counselor. It
was their concern that older veterans might find it frustrating or
difficult to maneuver through. However,
it is difficult to imagine how a more effective system might be
devised to avoid this situation and still provide a complete menu of
available services.
In conclusion, it would appear that our “non-scientific”
survey confirms that the current VA toll-free number is working.
As with any service, it must be continually monitored,
evaluated, and improved.
If this Subcommittee believes that VA is not adequately meeting
the needs of veterans or other VA claimants in providing needed
information, then VA should be held accountable.
If this Subcommittee also believes that 24-hour-a-day access to
this information is necessary, then VA should be provided the
resources to staff these toll-free telephone lines 24-hours a day.
The DAV does not believe that a private, non-profit
organization would be better able to handle this function.
Accordingly, we do not support this legislation. H.R.
1746
This proposed legislation would require the Secretary of
Veterans Affairs to establish a single, toll-free telephone number to
allow for access by the public to veterans’ benefits counselors at
the VA. This would be accomplished by amending section 7723 of title
38, United States Code, by adding a new subsection, (c).
It is unclear what the purpose or intent is of this
legislation. The VA
currently has several toll-free numbers that provide access to the
public to inquire about specific information, such as benefits, health
care eligibility and enrollment, life insurance, burial benefits, a
sexual trauma help line, and a Gulf War help line.
As discussed above, it appears, based on our survey, that the
VA is doing a good job of providing information via their national
toll-free hotline. If
the intent of this legislation is to codify the requirement that VA
perform tasks and functions similar to those outlined in H.R. 1435,
then this bill, H.R. 1746, should specifically set forth those
requirements. H.R.
1929
This bill would amend title 38, United States Code, section
3761 (c), to extend the Native American Veterans Housing Loan Pilot
Program.
The program under which VA provides direct housing loans to
Native American veterans living on trust lands began as a five-year
pilot in 1992. In 1997, the sunset date of September 30, 1997, was extended
to December 31, 2001. This
proposed legislation would extend the sunset date to 2005.
Although DAV does not have a resolution on this issue, we
believe Native American veterans should have the same opportunities
for home ownership that other veterans enjoy.
Accordingly, the Committee should favorably consider this
legislation.
A similar bill in the Senate, S. 228, would make housing loans
to Native American veterans a permanent program.
Section 3 of this measure would amend section 3762 (a)(1) of
title 38 to authorize the use of certain federal memorandums of
understanding. The DAV has no position on this change. H.R.
2359
This proposed legislation would authorize the payment of
National Service Life Insurance (NSLI) and United States Government
Life Insurance (USGLI) proceeds to an alternate beneficiary when the
primary beneficiary cannot be identified.
It would make changes to and extend the Native American Veteran
Housing Loan Pilot Program. Finally,
it would eliminate the requirement to provide the Secretary of
Veterans Affairs a copy of a notice of appeal to the Court of Appeals
for Veterans Claims (CAVC).
Section 1(a) of this bill would amend section 1917 of title 38,
United States Code, to allow for the payment of NSLI proceeds to be
made to a secondary beneficiary designated by the insured, if the
primary beneficiary has not made a claim for such payment within two
years after the death of the insured.
At that time, the primary beneficiary would be treated as if he
or she had predeceased the insured.
Further, if within four years after the death of the insured,
no claim has been filed by a designated beneficiary, payment of the
insurance proceeds may be made to such person as may, in the judgment
of the Secretary, be equitably entitled to such proceeds.
Similar provisions would be added to amend section 1951
pertaining to payment of proceeds under USGLI.
Annually, VA sends out statements to policyholders of their
life insurance programs regarding the status of the veteran’s
insurance policy. Recently,
VA requested policyholders to resubmit beneficiary designations so
that the form could be electronically filed in VA’s new imaging
system. This form also
requested beneficiaries’ social security numbers.
As part of their annual mailing to life insurance
policyholders, VA should continue to request updated beneficiary
information, including social security numbers, from policyholders, to
ensure that VA’s records are current.
In this way, VA can further ensure that it is able to carry out
the deceased veteran’s wishes as to who is to receive the proceeds
of his or her life insurance policy.
It is unclear what VA currently does to ensure that a
veteran’s beneficiary is located and receives notice that life
insurance proceeds are available.
Further, a two-year window of opportunity for a primary
beneficiary to file a claim appears to be a very short period of time,
especially in light of the fact that after that two-year period, the
primary beneficiary is treated as if he or she had predeceased the
insured and, therefore, is precluded from receiving the life insurance
proceeds. Likewise, a
secondary beneficiary would have only two years in which to file a
claim after the primary beneficiary’s two-year period elapses.
We are unaware of any private insurance company that has
similar restrictions. Accordingly,
the DAV is opposed to the provisions contained in Section 1 of this
measure.
Section 2 (a) of this bill would extend the Native American
Veterans Housing Loan Pilot Program to 2005, similar to the provisions
in H.R. 1929. As noted,
the DAV has no objection to extending this program.
Section 2 (b) and subsection (c) would make additional
modifications to section 3762 (a)(1) and 3714 (d) respectively.
The DAV has no position on these changes.
Section 3 of this legislation would eliminate the requirement
that an appellant, seeking to obtain review by United States Court of
Appeals for Veterans Claims, provide a copy of said notice of appeal
to the Secretary of Veterans Affairs.
The DAV is not opposed to favorable consideration by the
Subcommittee of this provision. H.R.
2361
This measure would increase the rate of disability
compensation, dependency and indemnity compensation, additional
compensation for dependents, and the clothing allowance by the
percentage of annual increase in the cost of living, with rounding
down of the adjusted rates to the next lowest whole-dollar amount.
These increases would be effective December 1, 2001.
Mr. Chairman, the DAV supports favorable consideration of this
measure. However, we
continue to oppose rounding down of compensation increases, and we
urge this Subcommittee and the full Committee to reject
recommendations to extend the sunset provisions of this deficit
reduction provision or to permanently extend rounding down provisions.
Before I close, I would like to commend the members of the full
Committee for their swift action earlier this year in passing H.R.
801. As originally passed by the House, H.R. 801 provided for
increases in the amount of assistance for automobile and adaptive
equipment and specially adapted housing.
Unfortunately, the Senate removed these provisions from the
bill, which was later signed into law, as Public Law 107-14, enacted
on June 5, 2001.
I would encourage this Subcommittee to continue to pursue
passage of these important provisions.
These provisions are of great benefit to our more seriously
disabled veterans. Congress
has not protected these important benefits from the severe effects of
inflation and increased costs over the years.
The value of these benefits has substantially eroded through
the years. This concludes my statement, Mr. Chairman. I would be pleased to respond to any questions you may have. Back to Witness List |