STATEMENT
OF
VIETNAM VETERANS OF
AMERICA
Presented By
Thomas H. Corey
National President
Avery Taylor
Chairman, VVA
National Government Affairs Committee
Dr. Linda Spoonster
Schwartz
Chair, VVA National
Veterans Healthcare Committee
Robert M . Maras
Chair, VVA National
Veterans Affairs Committee
Rick Weidman
Director, Government
Relations
Before The
House And Senate
Veterans’ Affairs Committees
Regarding
2002 Legislative
Priorities
March 20, 2002
Chairman
Rockefeller, Chairman Smith, Ranking Member Specter, Ranking Member
Evans, distinguished members of the House and Senate Veterans’ Affairs
Committees, Vietnam Veterans of America (VVA) is grateful for the
opportunity to present our most pressing concerns regarding the vital
needs of veterans to you and your distinguished colleagues. Mr.
Chairman, I would be grateful if you would enter our prepared
statement into the record, and I will try to summarize some of our
major concerns.
Mr.
Chairman, VVA asks that you and your colleagues join VVA in urging the
President and the Secretary of Defense to take all steps necessary to
determine the fate as well as to secure the repatriation of Lt. Cmdr.
Michael A. Speicher at the earliest possible date. We need action
now not many years later as happened with those serving in Vietnam.
There is credible evidence emerging that he was alive when he reached
the ground. Our national leadership must act on this matter.
VVA also
urges the appropriate committees of Congress to investigate why this
information was not acted upon immediately and was withheld until a
news account appeared in the British press. We must secure the answers
for Lt. Cmdr. Speicher’s family and be able assure the young men and
women in uniform today that they will not be abandoned.
Department of Veterans Affairs FY 2002 Budget Resources
For the
FY02 VA budget, last year VVA strongly recommended that Congress
allocate not less than $1.7 billion above the level for FY2001, just
to keep pace with inflation at the Veterans Health Administration (VHA).
We recommended an additional $600 million to restore organizational
capacity (particularly in the specialized services) that has been lost
since 1996. We predicted that unless those funding targets were met,
the VA would be forced to cutback services for veterans across the
country. That prediction came to pass in the fall of 2001 when VA
instructed each network to identify at least 2% “efficiencies” (i.e.,
a euphemism for cuts) in the existing budget and reduce services and
programs accordingly. Substance abuse, PTSD, and other services were
cut back across the nation, to the detriment of veterans everywhere.
Part of
that same crisis was narrowly avoided when stopping enrollment of
Category 7 veterans was averted just prior to the November 29, 2001,
meeting with the VSOs. Secretary Principi made a final appeal to the
White House for at least $142 million for the FY02 budget. Without
those funds, Secretary Principi would have been forced to end
enrollment of Category 7 veterans effective November 30, 2001. Faced
with the prospect of turning away tens of thousands of veterans from
the VA healthcare system, the administration assured Secretary
Principi that the money would be found. Had the administration—and
here we specifically mean OMB and the senior White House political
staff—listened to VVA and our fellow VSO’s early on in the budget
process, this problem could have been avoided.
On February
27, 2002, then-Acting Undersecretary for Health Dr. Frances Murphy
informed the VSO’s that she had released $162 million in Central
Office funds for use by the networks. That money, combined with the
aforementioned $142 million, would, in the words of the VA’s Dr. Laura
Miller, prevent further layoffs at “most” VA facilities. Thus, even
the $304 million outlined above would still not be adequate to prevent
further reductions-in-force through attrition, much less restore lost
organizational capacity.
In fact,
the shortfall in VHA funding this year is approximately $700 million.
Every VHA facility in the country is in a layoff mode and has been
since last summer. So- called “management efficiencies” are nothing
more than cutting staff and reducing services further. At minimum,
“layoffs by attrition” will result in an overall cut of 5-7% of VHA
staff by this, if supplemental funding is not provided. The overall
effect on morale is devastating, which increases the burnout rate of
the most caring clinicians, and a push to leave VA no matter how
committed they are to serving veterans. Military callups of Guard and
Reserve clinicians has further depleted the ranks of VHA. In short, we
need a supplemental appropriation of $700 million for FY02 right now.
Department of Veterans Affairs FY 2003 Budget Resources
We are very
pleased and grateful that the House Budget committee has suggested an
increase in the FY 2003 budget for VHA operating funds to a total of
$23.9 billion. Your proposal represents the first realistic effort in
years to provide the additional appropriated dollars necessary to
reverse the decline in organizational capacity and restore vitally
needed services for our most vulnerable veterans. We are grateful to
Chairman Nussle, Ranking Democrat Spratt, and the members on the House
Budget Committee for this action.
VVA is
proud to endorse the Independent Budget of the Veterans Service
Organizations (IBVSO). We commend AMVETS, DAV, PVA, and the VFW for
the extraordinary job they do on this document that has earned
credibility on Capitol Hill.
Regarding
the administration’s FY 2003 request, I will reiterate what we told
the House Veterans’ Affairs Committee at the February 13 hearing: VHA
needs at least $25.5 billion in real, appropriated dollars—not phantom
dollars from “projected” third-party reimbursements—just to maintain
the VA’s current capabilities. This is the same amount requested by
the IBVSO. VVA believes that an additional $750 million is needed,
over and above inflation and other increases, to begin restoration of
organizational capacity that has been lost since 1996 and to
adequately prepare for the “Fourth Mission.”
VVA
believes it is time for Congress to make healthcare spending for
Category 1-6 veterans an entitlement program, just as Congress has
already made healthcare spending for military retirees an entitlement
through TRICARE and related programs.
VVA
certainly believes that high-quality, easily accessible medical care
for service-connected non-retiree veterans is an earned right, not an
“optional program.” Money for such an important service must be put
into a predictable, stable funding stream, insulated from the
budgetary twists and turns of the annual fight over limited
discretionary dollars.
Additionally, to ensure that such a mandatory funding program is
implemented in a rational fashion, the VA must establish a priority
ranking system for treating veterans to ensure that those with the
greatest disabilities and most in need are seen first. At the February
27, VHA/VSO meeting, VHA representatives indicated that appointment
waiting times for existing patients average 38 days; new patients are
waiting 60 days or more for their first visit. Reports reaching us,
and our experience with hospitals from Miami to Washington state,
indicate that the VHA “official” average” of delays is significantly
less than what is actually occurring. Moreover, VA cannot tell the
VSOs or the Congress how many service-connected veterans are waiting
to be seen by a doctor. VA’s current “first come, first serve”
approach to healthcare must give way to a genuine needs-based approach
to serving veterans.
VVA has
vigorously opposed the CARES process as currently constituted. After
ostensibly seeking public comment on the very flawed process used in
the so-called pilot in Veterans Integrated Service Network 12
(Illinois, Wisconsin, and small parts of Michigan and Minnesota), VA
ignored all of the public comments and is moving ahead with this
flawed plan based on this flawed process. This plan would reduce SCMI
inpatient capacity beds by another 146 beds, from what is already a
level below the capacity of FY1996. This flies in the face of the
1996 law, reiterated explicitly in the 2001 law. VVA contends that VA
does not have the right to implement a plan that is on the face
illegal. VVA urges Congress to stop the hasty rush to facilities and
services.
VVA is NOT
against a reasonable capital realignment effort that begins with a
true assessment of the veterans healthcare needs of the population in
a given area, and involves the veterans community and all elements of
VHA staff. VVA is against a rush job such as CARES as currently
designed. We must ensure that proper stewardship of the national
resource that is the Veterans Health Administration is preserved and
protected by halting this rash slashing and cutting. Once these
additional SCMI resources are gone, they will never be restored.
One other
area of the VA budget requires mention: funds dedicated to the “fourth
mission” are inadequate to meet mission-critical needs. Put quite
simply, in case of an attack resulting in 5,000 or more casualties at
one time in any given congressional district, the civilian medical
system would be overwhelmed and the VHA medical facilities would
implode. Many American citizens would suffer and die needlessly. Our
understanding is that of the roughly $28 billion allocated for
homeland security, VA’s share was a paltry $77 million.
More than
half of the United States military hospitals that existed in the
continental United States at the end of the Gulf War are still in
operation, many at an even more reduced level that the VA medical
facilities. The private and nonveteran public-sector hospitals are
also many fewer in number than ten years ago. VVA believes that VA
needs at least ten times that figure just to begin to meet a mass
casualty scenario requiring VA intervention. Training and preparation
in how to handle biological warfare, chemical warfare, and nuclear
warfare injuries is virtually nonexistent at VHA.
We urge the
committee to work with other committees of jurisdiction in the House
to ensure that the VA is properly resourced to meet its
responsibilities as part of the National Disaster Medical System. VVA
believes that the $500 million to start restoration of capacity would
cover many of the needs in Seriously and Chronically Mentally Ill
services as well as preparation for the fourth mission.
Veterans
Healthcare
VVA is strongly committed to
holistic care for veterans, with a concerted effort to keep veterans
as healthy, independent, and autonomous as possible. To do this, VA
must do a better job of examining veterans, particularly for all of
the maladies and conditions that may be related to their military
service. Key to this is changing the corporate culture of VHA staff
from being just a general healthcare system that happens to be for
veterans instead of what their real mission is—a veterans healthcare
system that concentrates on the wounds of war and of military
service. For this to happen, a complete military history needs to be
taken of every veteran, and used to indicate follow-up tests based on
when, where, and what branch the veteran served.
In regards to specific health care
issues, VVA strongly supports hearings and prompt passage of H.R. 639,
the Veterans Hepatitis C Comprehensive Health Care Act, introduced by
Congressman Freylinghuysen (R-N.J.) and co-sponsored by more than 60
members of both parties, to ensure that resources and quality
assurance actually reach the service-delivery level where needed.
Additionally, VVA strongly favors action to confirm hepatitis C as a
presumptively service-connected condition and we ask that you work
with us on a bipartisan basis to develop proper legislation regarding
service-connected presumption for hepatitis C before the 107th
Congress ends.
Medical Research
The
administration has requested $409 million for the VA research budget
in FY 2003, an approximately $38 million increase from FY 2002. VVA
will support this request if the committee issues report language
mandating that VA approve only those research projects directly
relevant to the specific health concerns or service-related exposures
of veterans.
Moreover, new research projects should only be funded if the
researchers collect the full military medical history of veterans
involved in the study. We believe such prescriptive measures are the
only way to begin changing the VA Research and Development Office’s
corporate culture, which currently seems to view the VA’s research
mission as one largely dedicated to general medical research, rather
than one focused on medical research specific to and relevant for
veterans. Despite continuing efforts of VVA leaders to help this
section of VHA understand the importance of this refocusing of
efforts, persuasion and intellectual arguments have not worked.
Therefore, we ask Congress to mandate such a proper focus.
More
broadly, VVA believes it is well past time for a complete reevaluation
of both DoD’s and VA’s role in medical research. VVA recognizes that
the VA has established a reputation for providing advanced care for
blinded veterans and for those with severe ambulatory impairments.
However, the VA has never truly developed a corporate culture focused
on the diagnosis and treatment of the full range of environmental and
occupational hazards unique to military service.
This
is especially true of the VA’s Research and Development Office, where
the overwhelming majority of VA-funded research programs are geared
towards medical problems found in the general population, without a
perfunctory nod toward how veterans may have conditions that differ
from nonveterans.
Just
as VA healthcare should be veteran-focused, so, also, should VA
medical research. VVA believes it is long past time to end the DoD-VA
monopoly on the control of funds allocated for military and
veteran-related medical research. To end this conflict of interest and
restore integrity to the process of investigating and treating
veterans medical conditions, last year VVA called for the creation of
a National Institute of Veterans Health (NIVH) within the NIH.
Veterans Equitable Resource
Allocation (VERA)
We
share your concern that VA is still not properly accounting for or
using appropriated monies. We read with considerable interest GAO’s
February 2002 report on VERA, which focused on how money disbursed
from the VA Central Office is allocated to the Veterans Integrated
Services Network (VISN) directors. We believe that GAO was very much
on the mark when pointed out that:
“VERA excludes about one fifth of
VA’s workload in determining each network’s allocation. The excluded
veterans are those with higher incomes who do not have
service-connected disabilities. Second, VERA does not account for cost
differences among networks resulting from variation in their patients’
health care needs as well as it could” (GAO 02-338, VA
Resource Allocation, p. 3)
Unfortunately, Congress did not ask GAO to evaluate how the money is
spent after it arrives at the network. VVA believes it is vital that
such an evaluation be done immediately, given what GAO has already
reported about the VA’s failure to properly account for the $535
million allocated since FY 2000 for hepatitis C virus (HCV) screening,
testing, and treatment.
Almost one
year ago, GAO informed the House Appropriations Committee that the VA
had “significantly understated” the difference between its FY 2000
budget and reported HCV program expenditures, to the tune of nearly
$150 million. GAO opined that “management decisions” were a major
contributing factor in the VA’s failure both to account for the money
and to screen and treat veterans effectively for HCV. According to
GAO:
-
VHA included HCV funds as part of its
general medical care resource distribution process, without clearly
communicating how much money was available for HCV programs. As a
result, HCV screening and testing activities varied widely across
the VA system, with local managers generally taking a very
conservative approach for fear of overspending on HCV programs.
-
VHA failed to establish performance
targets for network directors regarding HCV screening, testing, and
treatment. In response to the GAO report, VHA pledged to include
such performance targets in its FY 2003 budget submission. VVA staff
carefully evaluated the HCV portion of the budget submission
(Vol. 2, pp. 2-132 through 2-134) and found no mention
whatsoever of HCV program performance targets for the network
directors.
Based on
this failure by VA, VVA believes that the Congress must take steps to
mandate VA to recentralize funding for specialized services, as well
as services for homeless veterans and veterans with hepatitis C.
While VVA
applauds the efforts of Secretary Principi to develop better financial
tracking and management-information tools, we must move more quickly
to implement accountability mechanisms at the Central Office level, in
order to ensure that appropriate dollars are spent on the programs
they were designed to fund.
In VVA’s
view, the first three steps in this process are:
One, there
is a pressing need to centralize funding and control over each of the
specialized services, in a manner similar to what has happened in
prosthetics. Only since prosthetics has been recentralized have the
problems in this area abated. There is a pressing need to centralize
other specialized services, such as Seriously & Chronically Mentally
Ill (SCMI), PTSD treatment, spinal cord injury services, and blind and
visually impaired.
Control and
faith placed in the VISN directors to do the right thing and stay in
compliance with the 1996 Veterans Eligibility Reform Act simply has
not worked. No matter what face VHA tries to put on this issue, it
has reduced the organizational capacity in all of the specialized
services below the FY 1996 level.
Two, VVA
urges you to work with the Secretary and give him statutory authority,
if necessary, so that he ensure that VISN Directors, VAMC Directors,
managers, supervisors, and others are held much more accountable for
performance. The same is true on the VBA side of the VA, in that VA
Regional Office Directors, managers, and supervisors should be held
accountable for the accuracy and fairness of claims decisions and the
proper actions of their Vocational Rehabilitation people in truly
assisting disabled veterans.
Three, VVA
urges both the House and Senate Veterans’ Affairs Committees to hold
oversight hearings on what the VA said they were going to do in FY2000
in the narrative that accompanied their budget request. Since the
Congress gave them a great deal more than they asked for, the problem
cannot be lack of resources.
Vet
Centers
Vietnam Veterans of America asks
that this committee take steps to ensure the VA Readjustment
Counseling Service, popularly known as the VA Vet Centers, are
accorded at least 250 more FTEE and at least another $17 million for
FY2003, as compared to FY 2001. The Vet Center program has been
perhaps the most studied program at VA over the last 20 years, and
endures as a low-cost, highly effective, and cost-efficient program
that helps many veterans overcome problems that get in the way of
finding and keeping a job, and help reunite and keep families
together. The additional FTEE would create a full-time family
counselor at each of the 206 Vet Centers, as well as allow the most
overwhelmed Vet Centers an additional staff member. The demand for
services from the Vet Centers is up by 3 percent for FY2001, FY00 and
FY99 over the previous year. Early reports indicate demand for
services is up dramatically, by as much as 15 percent, since the 9/11
attacks. Much of that need is for children and spouses of veterans.
Just as important, there are many veterans of all generations who will
use one of the Vet Centers but will not go near a Veterans
Administration Medical Center. That is likely to be true of those now
serving as well.
Vietnam Veterans of America asks
that you take steps to insure that both inpatient and residential care
treatment for veterans with chronic, acute Post-traumatic Stress
Disorder (PTSD) is available in each of the 22 VISNs and that overall
resources in this area be restored at least to the levels of FY 1996.
We also ask that you take all necessary steps to restore
substance-abuse treatment programs.
Gulf War
Regarding Gulf War illnesses, VVA
was pleased that Secretary Principi moved to compensate veterans (or
their survivors) suffering from amyotrophic lateral sclerosis (ALS).
The Secretary did this in advance of the publication of research
showing that Desert Storm veterans suffer from this fatal neurological
disease at twice the rate of their nondeployed colleagues. We remain
troubled, however, that the Secretary has not issued regulations
formally declaring ALS a service-connected presumptive condition, and
we hope that your committees will take up this issue with Secretary
Principi at the earliest possible moment.
Department of Defense (DOD) and
Department of Veterans Affairs (VA) Healthcare Sharing
VVA
believes that any discussion of this subject must begin by facing one
central fact: the purposes of the two medical systems (and therefore
their missions, corporate culture, and mind-set) are very different,
and that therefore the needs of each system must be tailored to the
needs of the specific population it serves. Ignoring this reality
guarantees that any legislative initiative designed to improve
coordination will ultimately fail to meet its objective.
VVA agrees
with Dr. Gail Wilensky, chairperson of the Presidential Task Force to
Improve Healthcare for Our Nation’s Veterans, who noted in her
testimony before Congress on March 7 that focusing on facility
collocation as an end product of DoD/VA sharing would be a major
mistake.
At present,
DoD and VA employ two completely different means of deciding which
patients will be seen in what order. Military treatment facilities use
a very defined set of priorities and categories for treating patients;
VA employs a “first-come, first-served” model. For the entire
beneficiary population, this is the issue of greatest importance. Who
is first in line for care: the two-tour, double-amputee Vietnam
veteran, or the 25-year retiree who suffers from Gulf War illnesses?
In our view, the way to avoid this problem is to properly fund both
healthcare systems so that all veterans can be served in a timely
fashion.
We fully
support efforts at joint procurement, where practical:
pharmaceuticals, medical and surgical supplies, and other equipment
and supplies that can be purchased in bulk for the benefit of both
agencies. VVA has long championed a single, life-long, and
comprehensive military medical and service record for all veterans.
This is clearly another area where DoD and VA must make progress; only
consistent (and insistent) congressional oversight will produce
results in this area. Graduate medical education is very probably
another area where greater coordination is both possible and needed.
Overall, however, we would urge the Congress to await the publication
of the Presidential Task Force’s interim report before attempting to
legislate increased DoD/VA sharing in a piecemeal fashion.
National Institute for Veterans Health (NIVH)
We urge
this distinguished Committee to work with other committees of
jurisdiction to establish a new NIVH within the National Institutes of
Health, which would assume the lead role (and accompanying resources)
in investigating medical conditions affecting veterans, to include
“human factors” research relevant to military safety issues. Such NIVH
authorizing legislation must mandate that veteran advocates serve as
full voting members on the peer-review panels that make research
funding decisions, alongside scientists who understand veteran health
issues. VVA believes Congress could create a research institute that
would be truly focused on the unique medical needs of veterans.
Locating the NIVH within NIH would ensure that the full medical
resources of the federal government and private sector could be
marshaled in a rational, veteran-friendly environment, free of the
politics and conflicts that for more than 20 years have precluded
effective research This NIVH also would have the specific authority
and responsibility to ensure that veteran-specific topics are
adequately explored by all institutes within NIH.
Declassification of Military Records
No matter
what other mechanism for research is created by the Congress,
pertinent records must be declassified and available to make any
system work. VVA urges creation of a congressionally directed,
mandatory declassification review panel, whose purpose would be to
screen (on both a historical and an ongoing basis) and declassify any
operational or intelligence records for evidence of data that would
have an impact on the health and welfare of American veterans. The
need for such an entity—completely independent from the Pentagon and
the U.S. intelligence community—is obvious.
Even today,
thousands of pages of Gulf War-related records remain classified. In
January 1998, the CIA admitted that its own internal review had
identified over one million classified documents with potential
relevance to Gulf War illnesses. Virtually no documents associated
with the 1960’s-era Shipboard Hazard and Defense (SHAD) program have
been declassified, something VVA finds inexplicable given that the
tests took place over 30 years ago. Through the experience of the
Kennedy Assassination Review Commission and similar entities, we have
learned that such specialized declassification panels work well. If we
are to be certain that all data that may affect the health of American
veterans are available for veterans and their physicians, Congress
must create a standing declassification review panel. Such a move
would also help to restore trust and confidence among veterans in the
federal government and its response to veteran’s health issues.
VVA has
heard that administration officials are considering issuing a new
executive order on classification that would give executive branch
authorities the power to reclassify previously declassified data. VVA
is adamantly opposed to any regulatory or legislative efforts that
restrict the public’s right to know what actions executive branch
officials are engaged in, particularly where the health and welfare of
American military personnel and veterans are concerned. Should the
administration actually promulgate an executive order with such a
provision, VVA will seek legislation that would bar such a practice.
We urge the members of both Veterans’ Affairs Committees to send a
strong, unified, bipartisan message to the White House that any
reclassification scheme is unacceptable to Congress.
Agent
Orange
VVA participated in the Agent Orange
conference in Hanoi earlier this month that will lead to actual
research on the ground in Vietnam. We believe that this research will
help provide some of the answers for which Vietnam veterans and their
families have been searching for years. We are deeply grateful to
Congressman Lane Evans as well as to Senator Daschle and Senator
Harkin for their stalwart support of this issue.
In addition to this research in
Vietnam, we need a large scale epidemiological study of Vietnam
veterans and their families to be started now. The Chair of the
Institute of Medicine of the National Academy of Science’s (IOM) most
recent biennial study said this is the most pressing need for the IOM
to be able to do their job correctly. We urge introduction and passage
of a bill that will set aside at least $50 million over a ten-year
period to conduct such a study through IOM, with VA as the
intermediary. The actual contract should only be after a committee
that involves veterans has approved the shape of the contract with
IOM, and the Veterans Committees have had at least 60 days to review
such contract. But time is running out for Vietnam veterans and their
families. We need this authorization this year for such a
government-funded, privately conducted, peer-reviewed study. We look
forward to working with the committees on the details of such a bill
in the near future.
Veterans
Benefits and Claims
Regarding the Veterans Benefits
Administration (VBA), VVA believes that high adjudication error rates,
increasing claim backlogs, and undue processing delays cannot be
rectified until higher agency standards of training, uniformity of
practice and procedure, communication, and accountability are
implemented. Improvement will require fundamental changes in the
institutional culture of the Veterans Benefits Administration (VBA)
adjudicators and management. As an example, VVA cites evidentiary
development procedures that focus on obtaining negative evidence to
support a denial of benefits. Another example of this poor corporate
culture is the commonly experienced seeming and real indifference of
many adjudicators and Regional Office managers and supervisors to VA
laws, regulations, and judicial precedents.
The Veterans Benefits Administration
(VBA) should develop and implement standardized claims submission
requirements to ensure timely, consistent, and efficient decision
making. This will require enhanced cooperation between the veterans
service organizations and the VBA. If the BVBA works together with
the VSOs, decisions will be made more quickly and adequately at the
administrative level, without the need for prolonged appellate
processes. Adequately developed claims at the outset will reduce the
number of appeals, remanded claims (which, by law, must be expedited
over unadjudicated claims), and backlogs at the regional offices. It
will further reduce the time it takes for veterans and their
dependents to receive vitally needed financial and healthcare
benefits. Often, an award of service connection is a prerequisite to
VA health care.
VVA urges stronger efforts to
demand accountability for senior VA officials. Requiring that there
be clear criteria (published at the beginning of each fiscal year) for
bonus awards for each GS 14, 15, SES position, and that the particular
actions taken by an individual to meet or exceed those criteria be
easily available to the public. Further, top management should be
held accountable by the President to seek that the criteria and the
actual justifications be honest and in line with the law and the
policies of the Administration.
Military
Retirees
In regard
to military retirees, VVA strongly supports early passage of proposed
concurrent receipt language offered by Chairman Nussle, of the House
Budget Committee, to the House Armed Services Committee that would
bring an end to concurrent receipt for military retirees. VVA believes
there should be no reduction from earned military retiree pay for
disability payments any more than there should be deductions from
civilian retiree pay for disability payments.
VVA also
opposes forcing retirees to choose between their personal healthcare
needs and securing healthcare coverage for their families by forcing
them to choose either VA or TRICARE as their provider. VVA favors
allowing military retirees to have the same access, at the same cost,
to Retired Federal Employees Health Care Benefits (RFEHB) as is
accorded to civilian federal retirees.
Homeless Veterans
In
regard to the vital needs of homeless veterans, VVA urges that $60
million be available in FY02 and $75 million in FY03 for full funding
and full implementation of P.L. 107-95, the Homeless Veterans
Comprehensive Assistance Act. VVA is grateful to Chairman Smith and
Representative Evans, as well as to Chairman Rockefeller and Senator
Specter for their assistance in securing enactment of this
legislation. Now we ask for your help to make the intent of the bill a
reality on the streets.
VVA also
urges full funding to implement numerous important changes in the VA
Grant & Per Diem Program. Increased rates of daily payment would
result in improving the access to funding for the highly
cost-efficient, community-based homeless veterans service providers.
VVA also urges restoration and extension of effective alcohol- and
substance abuse programs for homeless veterans and others. Lastly, VVA
urges full funding to the authorized level of $50 million for the
Homeless Veterans Reintegration Program (HVRP) employment program for
homeless veterans.
Employment, Training and
Entrepreneurship
Part of
VVA’s commitment to treating the “whole veteran” is VVA’s belief that
virtually all VA programs be measured by whether that program
contributes toward helping veterans obtain and sustain meaningful
employment at a living wage.
It
certainly can be argued that we should spend more in many areas, but
in fact VA spends billions on education, training, treatment, and
rehabilitation of one sort or another, but all of those prodigious
efforts will come to nothing if we do not help the veteran obtain and
sustain meaningful employment.
The system
for assisting veterans to find work is not working, particularly in
many of the more populous areas of the country, and there are no
meaningful standards of performance and results, much less rewards for
good performance or sanctions for poor results.
VVA urges
Congress to pass legislation this year that makes meaningful reform in
the Veterans Employment & Training Service (VETS) system at the U.S.
Department of Labor and meaningful efforts to hold VA Vocational
Education, Counseling, & Employment much more accountable at every
level of the organization. Each man and woman must be assisted in
obtaining and sustaining meaningful employment at the highest level of
the veteran’s potential, or in entering self-employment. VVA believes
this must be a top priority for this legislative year.
VVA
strongly favors an increase in the Montgomery GI Bill to at least
$1,000 per month, indexed for inflation into the future. More than an
earned benefit, the GI Bill is perhaps the best investment America can
make in our future. VVA also urges increasing the appropriation for
the State Veterans Education Approving Agencies to at least $18
million, given their expanded scope and responsibilities under recent
legislation. They have been flat-lined for more than five years and
are in danger of not meeting their important duties.
VVA opposes
the so-called “Managerial Flexibility Act” submitted by the
administration and introduced in the Senate. Instead of flexibility,
what is needed is more accountability from federal managers in
enforcing the Veterans Employment Opportunities Act of 1998 and
according veterans-preference eligibles and
disabled-veteran-preference eligibles with their full rights under the
law. VVA also believes that all special hiring authorities, except the
30 percent disabled veteran hiring authority, be eliminated.
VVA favors
an appropriation of at least $3 million for the Office of Veterans
Business Development at the Small Business Administration (SBA) and
full implementation of Public Law 106-50, the “Veterans
Entrepreneurship and Small Business Act of 1999.” Further, VVA favors
legislation this year that would accord sole source authority and
preferential pricing in federal procurement for service-disabled owned
businesses and certain other needed changes that have become apparent
since the enactment of this law in 1999, in order to fulfill the real
intent of Congress and meet the vital needs of veteran and
disabled-veteran small business owners.
Women Veterans
VVA asks
that you take steps to make permanent the authority for care for
sexual trauma, and take steps to ensure that there are enough
full-time Women Veteran Coordinators within each VISN to ensure that
the needs of women veterans are being met in both the community-based
outreach clinics and the medical centers.
VVA also
requests that you take steps to ensure that Public Law 106-419, which
provides for treatment services and certain benefits to children born
to women who served in Vietnam, is implemented at an early date. Not
much has happened thus far, and no regulations or proposed regulations
implementing this law have been published. VVA further asks that
legislation be crafted that would extend the same treatment services
and benefits to children with birth defects who were fathered by
Vietnam veterans and that Congress exercise its important oversight
function to ensure that proper implementing regulations are
promulgated and that these needed services are delivered in an
effective and timely manner.
In
conclusion, VVA also urges significant expansion and better funding
for grants to states for construction of state veterans homes and for
state veterans cemeteries, in order to meet the demand for long-term
care for veterans and for proper burial sites for veterans, no matter
where they live in America.
We have
attached a list of issues, briefly stated, that outlines the full
range of VVA’s current legislative and policy concerns (See Appendix
I). Mr. Chairman, I thank you for this opportunity to present before
this committee today Vietnam Veterans of America’s 2002 legislative
priorities. I will be happy to answer any questions you may have.
VIETNAM VETERANS OF
AMERICA
Funding
Statement
March
20, 2002
The national organization
Vietnam Veterans of America (VVA) is a non-profit veterans membership
organization registered as a 501(c)(19) with the Internal Revenue
Service. VVA is also appropriately registered with the Secretary of
the Senate and the Clerk of the House of Representatives in compliance
with the Lobbying Disclosure Act of 1995.
VVA is not currently in
receipt of any federal grant or contract, other than the routine
allocation of office space and associated resources in VA Regional
Offices for outreach and direct services through its Veterans Benefits
Program (Service Representatives). This is also true of the previous
two fiscal years.
For Further
Information, Contact:
Director of Government Relations
Vietnam Veterans of America.
(301) 585-4000 ext. 127
THOMAS H. COREY
Tom Corey currently serves a National
President of Vietnam Veterans of America, the nation’s only
congressionally chartered organization devoted to serving the needs of
Vietnam-era veterans and their families.
A native of Detroit, Corey was drafted
into the U.S. Army and sent to Vietnam in May 1967. He served as a
squad leader with the 1st Air Cavalry Division. While
engaged in an assault against enemy positions in January 31, 1968, he
received an enemy round in the neck which hit his spinal cord and left
him quadriplegic. He was medically retired in May 1968.
After an extended period of
hospitalization, Corey returned to his family in Detroit where he
spent much of his time in and out of the local VA hospital. He
relocated to West Palm Beach, Florida, in 1972, where he is involved
in community affairs and serves on many advisory boards. He has
received awards for speaking out for veterans and disabled persons
rights.
Corey was the first recipient of the
Vietnam Veterans of America’s Commendation Medal, VVA’s highest award
for service to veterans, their families, and the community.
He has served as a member of the board of
directors and President of the Paralyzed Veterans Association of
Florida. He also serves on advisory boards at the VA Medical Center
in West Palm Beach, the VA Research Foundation of the Palm Beaches,
and VISN 8 Management Assistance Council.
Corey was the founding President of VVA
Palm Beach County Chapter 25, in 1981. In 1991 the chapter was named
the Thomas H. Corey Chapter at its tenth anniversary celebration. In
1985, he was elected to a two-year term as a VVA national board
member. In 1987, he was elected VVA National Secretary and was
re-elected in 1989, 1991, 1993, and 1995 to that position. In 1997,
he was elected VVA’s national Vice-President.
Tom Corey currently resides in West Palm
Beach. He has a 19-year-old son, Brian.
HENRY AVERY TAYLOR
Henry
Avery Taylor is a Life Member of Vietnam Veterans of America. He was
recently chosen to be the Chairman of the National VVA Government
Affairs Committee. Previously, Mr. Taylor has served in various
offices at the VVA Chapter and State level, as well as a member of the
National VVA Public Affairs Committee.
Avery
Taylor served in the United States Army from 1966 to 1970. He was a
Communications Center Supervisor in the U.S. Army Security Agency, and
served with the 77th SOU Clark AFB 1967-1968, and the 301st
ASA Battalion, Ft Bragg in 1968. Taylor served in Vietnam with the 509
RRCUV Ton Sa Nut AB Saigon in 1969. He was awarded the bronze star for
meritorious service.
His
attended Auburn University and Spartanburg (S.C.) Methodist College.
Mr. Taylor has business experience totaling more than thirty years in
information technology. His job functions have included programming,
analysis, engineering, and management in both Operations and Systems
Development. He also has extensive experience with a variety of IBM
Mainframe configurations as well as with using Personal Computer
systems and applications. For the past eleven years, he has been
Senior Quality Assurance Consultant for the Farmers Insurance Group in
Baltimore, Maryland.
Avery
Taylor and his wife reside in Catonsville, Maryland.
RICHARD WEIDMAN
Richard F.
“Rick” Weidman serves as Director of Government Relations on the
National Staff of Vietnam Veterans of America. As such, he is the
primary spokesperson for VVA in Washington. He served as a 1-A-O Army
Medical Corpsman during the Vietnam war, including service with
Company C, 23rd Med, AMERICAL Division, located in I Corps
of Vietnam in 1969.
Mr. Weidman
was part of the staff of VVA from 1979 to 1987, serving variously as
Membership Service Director, Agency Liaison, and Director of
Government Relations. He left VVA to serve in the Administration of
Governor Mario M. Cuomo (NY) as statewide director of veterans
employment & training (State Veterans Programs Administrator) for the
New York State Department of Labor.
He has
served as Consultant on Legislative Affairs to the National Coalition
for Homeless Veterans (NCHV), and served at various times on the VA
Readadjustment Advisory Committee, the Secretary of Labor’s Advisory
Committee on Veterans Employment & Training, the President’s Committee
on Employment of Persons with Disabilities - Subcommittee on Disabled
Veterans, Advisory Committee on veterans’ entrepreneurship at the
Small Business Administration, and numerous other advocacy posts in
veteran affairs.
Mr. Weidman
was an instructor and administrator at Johnson State College (Vermont)
in the 1970s, where he was also active in community and veterans
affairs. He attended Colgate University (B.A., (1967), and did
graduate study at the University of Vermont.
He is married and has four children.
Appendix I
GOVERNMENT AFFAIRS COMMITTEE
2002 VIETNAM VETERANS OF AMERICA LEGISLATIVE AGENDA AND
POLICY INITATIVES
I.
HOMELESS VETERANS
Enactment of the “Millennium ‘Fair
Share’ for Homeless Veterans’ Act” or an Executive Order:
·
Require that a Fair share of
resources from all Federal programs be targeted to “veteran specific
programs, especially to programs meeting the “special needs” of
homeless veterans.
·
Increase the per diem allotted to
Homeless Veteran Service Delivery Centers under the VA Homeless Grant
& Per Diem Program; the per diem to be based on a flat rate rather
than on payment for half hour increments of on-site veteran presence.
·
Work to establish set aside HUD
McKinney homeless dollars to be
linked with VA Homeless Grant & Per Diem Program funding to ensure
appropriate resources for the establishment of Transitional Housing
for homeless veterans.
·
That VA Homeless Veteran Program
dollars, to include those of the Homeless Grant and Per Diem Program,
be set aside in the VA Budget as a line item as fenced funding.
Enactment of “The Service Members’ &
Veterans” Self Sufficiency Act of 2002”A Holistic’ Approach to Assist
Homeless Veterans:
- Ensure mental
health and PTSD treatment is available in all VAMC and CBOC’s.
- Ensure that VA
FY03 budget includes authorized appropriated funds for P.L. 107-95
the Homeless Veterans Comprehensive Assistance Act of 2001.
- Ensure FY03
funding for Health and Human Service (HHS) include $1.8 billion for
HUD McKinney – Vento Programs; $75 million for Projects for
Assistance in Transition from Homeless Programs (PATH); $100 million
for Grants for the Benefits of Homeless Individual Programs (GBHI);
$1.5 million for the Interagency Council on the Homeless (ICH) and
$172 million for Health Care for the Homeless Program (HCH).
- Ensure FY03
funding for Federal Emergency Management (FEMA) include $200
million for the National Emergency Food and Shelter Board –FEMA
- Ensure FY03
funding for Department of Labor (DOL) include $50 million for
Homeless Veterans Reintegration Program (HVRP)
II.
HEALTH
Enactment of “The Comprehensive Agent Orange and Dioxin Act of 2002”,
that would authorize, mandate, and fund:
- Research in
Vietnam funded at a level of $5 Million per year over a 5 to 6 year
period.
- Research in the
United States at a level of at least $100 Million in aggregate
funding to do research that is independently performed, but funded
by the Federal government that would include, but not be limited to:
A truly national epidemiological study focused on Vietnam veterans
and adverse health impact of exposure to Agent Orange and other
toxic substances and experiences in military service plus birth
defects in progeny of male Vietnam veterans.
- Review of death
certificates of veterans, children and their grandchildren.
- Veterans in Times
Beach, MO. and other dioxin contaminated sites in the United
States.
- Compile database
at Library of Congress or National Institutes of Health and National
Institute of Environmental Health Study of all relevant toxic
chemicals studies and surveys, to include state studies (i.e.,
Michigan, NJ).
- Fund fully the
“National Institute of Veterans Health“ at National Institute of
Health.
- Additional birth
defects studies & presumptive connections where indicated; study
birth defects in second and third generations.
- Advocate for
presumptive service-connection of all cancers diagnosed in Vietnam
veterans.
Enactment of “ The Veterans’ Comprehensive Health Care Act of 2002”:
- Mandate testing
for other theater/branch/era/M.O.S. specific conditions as
applicable.
- Require Medicare
subvention for non-service connected conditions at VAMC to keep
revenue.
- End discrimination
in allocation of resources against neuro-psychiatric disciplines and
readdress current imbalance of resources.
- Institute quality
assurance system for each VAMC/VISN, for each discipline;
report to Congress.
- Utilize rewards,
sanctions and competitive models to ensure health care quality and
real accountability for performance and results at VA.
- Holistic care
approach, especially for PTSD/Mental Health/Sexual Trauma.
- Mandate sexual
trauma treatment permanent at VHA. Current treatment expires in
2004.
- Create former POW
health registry, conduct health studies, and designate as a
“special population”.
- Mandate
“OMBUDSPERSON” at each VAMC w/former POW responsibilities.
- Ensure universal
access to services for service related maladies, irrespective of
veterans’ location.
- Seek approximately
$2B increase for inflation VHA in FY03 budget and average increase
of $1B for the next 3 years to restore organizational capacity lost
since 1996.
- Due to the
increase in Community Based Outpatient Clinics (CBOC’s) VA needs to
seek a full time Women’s Veterans Coordinators within each VISN
office for oversight and coordination of programs to ensure women
veterans receive proper medical services at all VHA sites.
- Require a study
regarding access to medical care and outcomes, comparing results for
each ethnic and racial grouping, as well as differences by gender
and age.
- Significantly
increase in capital and operating budget for State Veterans Homes.
- Ensure PTSD and
Mental Health treatment is available in all standardized
geographical areas (21 VISNS). The amount of care available should
be related to the veterans population.
- Expand existing
alcohol and substance abuse detox services to all VAMC.
- Ensure continuum
of care for care of severely chronically mentally ill patients.
- Legislation that
would mandate the monies for NIEHS that would be utilized
exclusively for agent orange/dioxin research in Vietnam.
- Amend P.L. 102-4
and require that NAS to consider all studies that are relevant to
chemicals used in Vietnam.
- Amend P.L. 102-4
in relation to burden of proof on scientific studies.
- Mandate that NAS
make a statement on diseases as to whether it is just as likely as
not that agent orange/dioxin etc. could have caused the illness.
- Increase vet
center staff especially in larger vet centers to the national level
of 1,000 FTEE, with increase in funds.
- Mandate research
regarding cancers in veterans and their families at Camp Lejeune,
NC.
- Mandate dual
diagnoses for co-morbidity acute anxiety or severe depression.
- Seek GAO report
on quality assurance at VAMC and Community Based Outpatient Clinics.
- Need follow-up
aftercare program for veterans coming out of residential programs.
- Need longitudinal
study on long-term illness and long term care, and follow up action
to fully meet the long-term care needs of veterans.
- Need to maintain
the stability and integrity of the Directorship in the VA Center for
Women Veterans.
Medical Care for Retirees - VVA is committed to legislation
that would allow all military retirees and medically retired military
persons and their families to obtain Federal Employee Health Benefits
(FEHB) with no initiation fee, and at the same cost to the individual
as for retired Federal civilian employees.
Modify
Veterans Equalization of Resource Allocation system (VERA) -
VA should readdress and reflect acuity of illness, number of service
connected veterans, and low income veterans in dollar distributions.
III . EMPLOYMENT, TRAINING, AND
BUSINESS OPPORTUNITIES
- Secure enactment
of more effective legislation to accord
Veterans’ preference in hiring, promotion, and retention by Federal
Contractors; evidence non-discrimination in promotion; Federal
Labor Relations Board and Federal courts as adjudicator of claims;
demand compliance to bid.
- Work with the
Small Business (SBA), Departments of Commerce and Labor to publish
small business pamphlets for veterans who want to be entrepreneurs.
- Seek sole source
authority for federal agencies to buy from disabled veterans’ owned
businesses.
The “Veteran Family Preservation Act
of 2002”(veterans’ “one stop” legislation)
-
Competitive measures as a means of
quality assurance in DVOP/LVER and other employment services
programs; results oriented; and “fair share” accountability.
- Re-education and
training of veterans for the new 2002 work force.
- Compensated Work
Therapy program expanded and coordinated with all Federal
resources.
- Mandate full-time
DVOP outstation at each Vet Center, VA Vocational Rehabilitation,
and other sites. Measure and enforce Federal Contractor Compliance
employer contacts (measured results, with rewards and sanctions)
with mandate to hire, promote and retain veterans and disabled
veterans.
- Authority for VA
to provide services to veterans’ family members and significant
others where clinically indicated; creation of Veterans Family
Service Coordinators in each VAMC and VARO.
- Expand and
strengthen self-employment assistance programs.
- Seek a GAO or
other appropriate study regarding disparities among Compensated Work
Therapy (CWT) programs operated by the VA, pursue legislation
requiring minimum standards and quality assurance for each CWT site,
with real accountability.
IV. BENEFITS
Seek
and Secure Congressional Oversight Hearings that address:
- Disparity between
Agent Orange claims filed versus claims granted and lack of Agent
Orange Research.
- Report on Length
of time in adjudication; remand rate (each by category of claim).
- Seek legislation
that requires effective quality assurance procedures within
the Veterans Benefits Administration (VBA) in performance ratings,
and require other forms of rewards and sanctions for performance.
- Secondary
conditions for non-hodgkin’s lymphoma to be placed in part 4 of
title 38 CFR
- Review and revise,
if needed, the current rating schedule for service-connected
mastectomies
Seek
enactment of “The Equitable Hazardous Battlefield Compensation Act of
2002" that would include, but not be limited to:
- Service connection
for other appropriate conditions related to Agent Orange exposure
and other exposures due to service in Vietnam (the “In-Country”
effect).
- Service connection
for secondary illnesses induced by or exacerbated by exposure to
Agent Orange or other toxic substances in military service or by
chronic acute PTSD.
- Address
inadequacies of VA rating schedules for benefits.
Seek
enactment of “The “Dates Bill that would:
·
Modify IRS statute or IRS
ruling to begin eligibility for 501(C)(19)B to begin in April 1, 1954
and extend to December 31, 1975 for in-country veterans and
reinstatement of National Defense Service Medal.
·
Adjust the dates of
eligibility to receive the Vietnam Service Medal.
·
Modify Vietnam “ERA”
beginning date as deemed appropriate by the VVA National Board.
Seek
Legislation that would:
- Significantly
increase in budget for State Approving Authorities (SAA) for
education benefits and access to Federal Courts (not VA)
- Seek real judicial
review for Court of Veterans Appeal (COVA).
- Secure GAO report
and oversight hearing concerning homeless and seriously mental ill
veterans who have conservators appointed to handle their finances.
- Upgrade VA
compensation to reflect actual cost of surviving in today’s world
Rates have increased only because of COLA.
- Review and revise
the current rating schedule of service connected mastectomies.
- Extend benefits to
men and women of the Reserved and National Guard to include sexual
trauma and assault, while on non-active duty training.
- Seek legislation
or regulations to add men to P.L. 106-419 for birth defects.
Current law only states women.
- Support Hepatitis
C legislation for proper testing, treatment and compensation.
- Support concurrent
receipt legislation to allow military retirees to collect full
retirement as well as and VA compensation.
- Treating physician
rule: establish the principle that the treating physician’s opinion
hold more weight in determining a rating decision in the Veterans
Benefits Administration proceedings.
- Change in the
rating schedule of disabilities 38 CFR part 4 for PTSD as a separate
diagnostic code to reflect the uniqueness of PTSD and reinstate 38
CFR 4.16C as part of the code.
- Veterans and
widows receiving pension benefits are penalized dollar for dollar
for virtually any income; eliminate penalty.
- Advocate Congress
to protect money allocated for specific veteran programs and extend
to three years by legislation, the time frame for the protected
money of special need programs.
- Ensure appropriate
allocation of time for each Women Veterans’ Coordinator to
accomplish the mission of the position.
- Seek legislation
and fund benefits to provide VA benefits to children of all
veterans, who suffer birth defects attributed to service in Vietnam
- Authorize,
mandate, and fund additional birth defect studies with presumptive
service connection if indicated by study outcome.
- Allow veterans who
were transferred to VA hospital as a result of combat services still
be accounted as federal services. Currently any time interrupted is
not allocated toward retirement in the Civil or Federal Retirement
System.
V. POW/MIA
- Seek to enforce
law that all post offices fly the POW/MIA Flag on the days they are
required to do so. A lot of post offices are still not doing it
despite the law.
- Work to get the
third Friday, in September recognized as National POW/MIA
Recognition Day in each and every state.
- Push for quicker
and full declassification of all documents dealing with POW/MIAs.
VI. STATE LEGISLATION
Work with the State Councils to seek
enactment of legislation to create:
·
A VVA state legislative
agenda appropriate to each state in the country that is actively
pursued.
·
State Veterans’ Preference
laws modeled on Florida's recent law.
·
Veterans' "set-aside" in
state procurement based on California's law.
·
“POW/MIA Recognition Day” to
conform with Federal date.
VII. INTEGRITY OF
VETERAN RECORDS
·
Seek legislation that would
make it a felony under Federal law for any person to fabricate,
falsify, modify, or in any way alter a DD-214 or any other military
personnel or medical records.
·
Seek legislation that would
make it a felony under Federal law for any private citizen to access
another person’s confidential military, medical, or veterans records
without that person’s explicit written permission; or to transmit,
receive, publish, or disseminate such illegally garnered information;
or to assist or enable such gathering, transmission, or
dissemination in any manner.
·
Eliminate memorandum of
understanding (MOU) between the Veterans Benefits Administration and
Federal Bureau of Investigation pursuant to “Brady Bill” that would
use veterans’ records to deny rights to own a hand gun.
·
Eliminate states garnishment
of 10% of incarcerated veterans disability compensation.