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TABLE OF CONTENTS
Introduction 2
The Independent Budget 4
Back Up To DoD 4
Homeland Security 5
The Military Coalition 5
VA Budget 6
Assured Funding For Veterans Health Care Act of 2003 7
Mandatory Funding for Veterans Medical Care 7
VA Cutbacks 8
Veterans Health Administration 9
Repeal of Suspension of Military Group 8 11
Third Party Reimbursement and Medical Collections Funds 12
Medical and Prosthetics Research 14
Post Traumatic Stress Syndrome 14
Long Term Care 15
Hepatitis C 15
Gulf War Illnesses 16
Capitol Asset Realignment for Enhanced Services(CARES) 17
Veterans Benefits Administration 18
Environmental Exposures 20
Concurrent Receipt 21
Meeting the Special Needs of Women Veterans 22
Counting of Service Members’ Ballots 22
Project 112/Shad 23
Filipino Veterans 24
POW-MIA’s 25
Compensation of American Prisoners of Japanese Imperial Forces 26
Homeless Veterans 26
National Cemetery Administration (NCA) 27
Burial Benefits 28
Conclusion 29
INTRODUCTION
Chairman Smith, Chairman Specter, Members of the Joint Senate-House
Committee on Veterans Affairs, my fellow veterans and friends, I am Paul
Bernstein, the National Commander of the Jewish War Veterans of the
U.S.A.(JWV). JWV is Congressionally Chartered and also provides
counseling and assistance to members encountering problems dealing with
the Department of Defense (DoD), the Department of Veterans Affairs
(VA), and other government agencies. JWV is an active participant in The
Military Coalition, a group of over 30 military associations and
veterans’ organizations representing over five million active duty,
reserve and retired uniformed service personnel and veterans on Capitol
Hill. I especially express our thanks to the leadership of this joint
session, the Honorable Christopher Smith, Chairman of the House
Veterans’ Affairs Committee, the Honorable Arlen Specter, Chairman of
the Senate Veterans’ Affairs Committee and the Ranking Minority Members,
Representative Lane Evans and Senator Jay Rockefeller, for their
continuing efforts on behalf of veterans and the national defense of our
beloved country.
I am accompanied today by the Chairman of our Coordinating Committee,
PNC Robert M. Zweiman, who is also JWV’s International Liaison, the
President of our Ladies Auxiliary, Emma-Lou Rosenstein, the President of
our National Museum of American Jewish Military History, PNC Edwin
Goldwasser, Chairman of our National Executive Committee, PNC Warren S.
Dolny and the Director of our National Service Office Program, PNC
Edward D. Blatt, and our National Executive Director, Colonel Herb
Rosenbleeth. In the audience today are those JWV members who are here to
meet with their Senators and Representatives as part of JWV’s Capitol
Hill Action Day.
Members of the committee, it was a singular honor for me to present the
JWV Medal of Merit to the Honorable Bob Filner (CA), at our
Congressional Reception yesterday evening, in recognition of his truly
outstanding work for America’s veterans. It was equally rewarding to JWV
to have so many of you participate with us!
For over 108 years, JWV has stood for a strong national defense and for
just and fair recognition and compensation for veterans. The Jewish War
Veterans of the USA prides itself in being in the forefront among our
nation’s civic and veterans groups in supporting the well-earned rights
of veterans, in promoting American democratic principles, in defending
universal Jewish causes and in vigorously opposing bigotry,
anti-Semitism and terrorism both here and abroad. Today, even more than
ever before, we stand for these principles. The Jewish War Veterans of
the U.S.A. represents a proud tradition of patriotism and service to the
United States of America.
As the National Commander of the Jewish War Veterans of the USA (JWV), I
thank you for the opportunity to present the views of our 100,000
members on issues under the jurisdiction of your committees. At the
conclusion of JWV’s 108th National Convention in Jacksonville, FL our
convention delegates adopted our resolutions for the 108th Congress.
These mandates establish the legislative agenda for JWV during my year
as National Commander.
JWV believes Congress has a unique obligation to ensure that veterans’
benefits are regularly reviewed and improved to keep pace with the needs
of all veterans in a changing social and economic environment. JWV
salutes the Chairmen and Members of these Committees for the landmark
veterans’ legislation enacted over the past several years. Eligibility
improvement, patient enrollment, entitlement to long-term care, access
to emergency care, enhanced VA\DOD sharing, improved preference rights
of veterans in the federal government and other initiatives recognize
the debt this country owes to those who have faithfully served our
country.
We must improve access to veterans’ health care, increase timeliness in
the benefit claims process, and enhance access to national cemeteries
and to state cemeteries for all veterans.
THE INDEPENDENT BUDGET
Jewish War Veterans is an endorser of the Independent Budget and we want
to emphasize the following points from their deliberations:
Veterans must not have to wait for benefits to which they are
entitled.
Veterans must be ensured access to high-quality medical care.
Veterans must be guaranteed access to the full continuum of
health-care services, including long-term care.
Veterans must be assured burial in state or national cemeteries in
every state.
Specialized care must remain the focus of the Department of Veterans
Affairs (VA) medical system.
VA’s mission to support the military medical system in time of war or
national emergency is essential to the nation’s security.
VA’s mission to conduct medical and prosthetics research in areas of
veterans’ special needs is critical to the integrity of the veteran’s
health-care system and to the advancement of American medicine.
VA’s mission to support health professional education is vital to the
health of all Americans.
BACK-UP TO DoD
VA Hospitals must be adequately funded, staffed and equipped to perform
their vital role as this nation’s only back-up for DoD medical
facilities. U.S. military personnel could possibly suffer casualties
exceeding the capacity of the combined military medical treatment
facilities.
In such a case, the VA would be vital to the nation. JWV strongly urges
the Congress to fund the VA to handle this potential workload.
HOMELAND SECURITY
In addition to being the back-up for DoD, VA medical facilities are the
nation’s primary medical resource for Homeland Security. Should there be
another catastrophic terrorist attack, especially in more than one
location as occurred on 9/11, the VA would be utilized by the Department
of Homeland Security.
Already, VA hospitals are preparing to handle mass casualties as well as
victims of chemical, biological or radiological attack.
JWV urges the Congress to fully recognize this mission of the VA and to
fund the VA accordingly.
THE MILITARY COALITION
JWV continues to be a proud member and active participant of the
Military Coalition (TMC). PNC Bob Zweiman, JWV’s Chairman of the
Coordinating Committee, serves on the Board of Directors of the
Coalition and Colonel Herb Rosenbleeth serves as our Washington
representative and as Co-Chair of the Coalition Membership and
Nominations Committee.
Members of The Military Coalition meet each month and sometimes more
frequently, to develop a legislative strategy for issues that affect the
uniformed services community they represent. Representatives from the
member organizations attend these meetings and serve on one of eight
committees (each usually has two chairpersons). Every committee covers a
different area of interest: Guard and Reserve; Health Care; Morale,
Welfare, Recreation, and Military Construction; Personnel, Compensation,
and Commissaries; Retirement; Survivors’ Programs; Taxes and Social
Security; and Veterans.
Most issues considered by TMC are introduced by one of these committees.
Others start in a full meeting and are referred to the appropriate
committee, which examines the merits of each issue and makes a
recommendation. The issue then comes before the entire Coalition, which
decides if the initiative should be placed on TMC’s legislative agenda.
Although many issues are considered by TMC, the Coalition focuses on
those that have the broadest base of support, the greatest impact on the
uniformed services community, or a significant impact on the services’
recruiting and retention programs and readiness. TMC’s decision to
pursue an initiative is governed by TMC’s “rule of five”. If five or
more organizations object to a proposal, the Coalition no longer
considers the issue. However, organizations within TMC still may pursue
the issue, or even oppose it, on their own.
JWV requests that the House and Senate Committees on Veterans’ Affairs
do everything possible to fulfill the legislative priorities of the
Military Coalition. These positions are well thought out and are clearly
in the best interests of our military personnel, our veterans and our
nation’s security.
VA BUDGET
JWV is greatly concerned that veterans programs in the current fiscal
year and in the future will have to compete against other priorities,
such as NASA, homeland security or war in Iraq. NASA has become a high
priority, with manned space flights to both the moon and Mars being
planned. These will be costly and the funding will impact veterans’
health care. JWV strongly urges the Congress not to cut veterans in
order to experiment in space!
ASSURED FUNDING FOR VETERANS HEALTH CARE ACT OF 2003
By the Department of Veterans Affairs’ own statistics, over 200,000
veterans must wait six months or longer for their primary health care
appointment. The Jewish War Veterans of the USA strongly supports the
Honorable Lane Evans for his introduction of the “Mandating Funding of
VA Health Care” act together with the 117 co-sponsors of that bill.
MANDATORY FUNDING FOR VETERANS MEDICAL CARE
A new generation of young Americans is once again deployed around the
world, answering our nations call to arms. Like so many brave men and
women who honorably served before them, these new veterans are fighting
for the freedom, liberty and security for all of us. Also like those who
fought before them, today’s veterans deserve the due respect of a
grateful nation when they return home.
Unfortunately, without urgent changes in health care funding, our new
veterans will soon discover their battles are not over. They will be
forced to fight for the life of a health care system that was designed
specifically for their unique needs, just as the veterans of the 20th
century did, they will be forced to fight for the care they each are
entitled to receive.
JWV believes that health care rationing for veterans must end. It is
time to guarantee health care funding for all veterans. JWV has called
for the current discretionary funding formula, in which VA must compete
with other agencies for scarce budget dollars, to be replaced by
providing mandatory funding for VA medical care. VA must be adequately
funded to meet its own growth and end intolerable waiting periods.
In the FY 04 budget request, President George W. Bush and Secretary of
Veterans Affairs Anthony H. Principi clearly state their objective: “a
continued focus on the health care needs of VA’s core groups of veterans
– those with service-connected disabilities, the indigent, and those
with special needs.” However, the term “core groups of veterans” does
not appear in Title 38, United States Code. The President’s budget
request proposed to drive 1.2 million veterans in Priority Groups 7 and
8 out of the system through a combination of enrollment fees and
increased co-payments.
Funding for VA health care currently falls under discretionary spending
within the Federal budget. The VA health care budget competes with other
agencies and programs for Federal dollars each year. The funding
requirements of health care for service-disabled veterans are not
guaranteed under discretionary spending.
Under mandatory spending, however, VA health care would be funded by law
for all enrollees who meet the eligibility requirements, guaranteeing
yearly appropriations for the earned health care entitlement of
veterans.
VA CUTBACKS
The JWV expresses deep concern that, under the guise of a lack of
funding from the Congress, the VA has taken the easy way by creating a
category 8 and halting the health care enrollment of an expected 164,000
additional veterans. This is no time to cut them off. The fault lies
with both the Congress and the Administration which has failed to fully
fund the VA. The Jewish War Veterans of the USA believes that
under-funding is ridiculous when under the “homeland Security Act of
2002” Congress has approved 100 billion dollars to bail out insurance
companies. Two billion dollars more for the VA would solve it’s under
funding and make up in part for the recent two-year moratorium in
funding for the VA.
VETERANS HEALTH ADMINISTRATION
Demand for VA health care continues to outstrip available capacity. Only
by locking out Priority 8 veterans- a policy entering its second year-
and by employing other workarounds, has management been able to reduce
waiting times in high-demand areas. Presently, there are about seven
million veterans enrolled in VA care and nearly five million veterans
sought care in the system in 2003.
In examining the Administration’s budget request for veterans’ health
care in FY 2005, JWV believes that the Committee should address the
following concerns:
Presidential Task Force (PTF) Recommendations. JWV is disappointed that
the Administration has not taken more aggressive action to implement the
recommendations of the President’s own task force to improve delivery of
health care for our nation’s veterans. The PTF recommended that Congress
provide full funding for all veterans enrolled in Priority Groups 1-7
and to resolve the situation of Priority 8 veterans’ care. Sadly,
however, it appears that little attention has been paid to this
fundamental recommendation in the PTF Report. No legislation has been
set up to establish full funding for enrolled veterans-either by a
mandatory mechanism or some other means—and the future care of locked
out Priority 8 veterans is still unresolved.
JWV recommends that the Committee and Congress take up the PTF Report
recommendations and establish a sustainable full-funding mechanism in
law and resolve Priority 8 veteran access and funding.
VA access standards. In the TRICARE system, routine appointments must be
scheduled within seven days and specialty care within 30 days. The VA
could meet the PTF’s recommendation for full funding for veterans
enrolled in PG 1-7 if Congress ratified VA’s own access standards in law
and required funding to those standards. Since the VA is a recognized
national leader in quality-of-care, patient safety programs and other
measures of excellence, it stands to reason that it should be required
to meet its own access standards. Quality without access is not true
quality-of-care. JWV strongly recommends that the Committee direct and
fund adoption of VA health care access standards similar to those of the
TRICARE program.
Returning Veterans. VA recently released information showing that as of
last fall; nearly 84,000 veterans who had returned from Afghanistan and
Iraq had sought care in VA facilities for one or more conditions. Almost
60,000 of these returning veterans were from the National Guard and
Reserve forces. With the largest troop rotation since World War II now
underway, the VA is likely to experience continuing strong demand for
its services from this new generation of veterans. The question is
whether the VA is fully resourced to meet the new demand as well as to
care for its growing geriatric population with its own special needs.
JWV commends the VA policy that permits Guard and Reserve veterans of
designated military campaigns to have initial access to VA health care
without regard to a priority group determination; that is, they are
nominally assigned to Priority Group 6 during the first two years of
their care in a VA facility. JWV strongly recommends that the Committee
ensure the health care needs of returning veterans be fully funded,
including any needed upgrades for specialty care services such as family
counseling and clinical services for PTSD.
Over the past 20 years, the VA has quietly transformed its medical care
system from a substandard collection of hospitals and homes to an
integrated health care system of excellence that leads private and other
government health care providers in almost every measure. The quality of
care that is provided through the VA health care system is exemplary.
However, the quality of care is irrelevant when access to that care is
impeded.
Today, there are nearly 26 million veterans. As more choose to use VA as
their primary health care provider (over 8 million veterans enrolled or
waiting to enroll), the strain on the system continues to grow. JWV
fully supported the enactment of Public Law 104-262, the Veteran’s
Healthcare Eligibility Reform Act that opened enrollment in the VA
health care system. Many veterans recognize that VHA provides
affordable, quality care that they cannot receive anywhere else.
The astronomical growth of Priority Groups 7 and 8 veterans seeking
health care at their local VA medical facility has resulted in over
300,000 veterans being placed on waiting lists regardless of their
assigned Priority Group. FY 2003 saw the suspension of enrollment of new
Priority Group 8 veterans due to this growth in enrollees. JWV does not
agree with the decision to deny health care to veterans simply to ease
the backlog. Denying earned benefits to eligible veterans does not solve
the problems resulting from an inadequate budget.
Over the last several years, VHA has struggled to provide quality care
while staying within severe budget constraints. These budgetary
uncertainties create problems within VA’s health care system. Future
spending projections, staffing levels, equipment purchases, and
structural improvements are all stalled if the funding is not a
certainty.
In an effort to provide a stable and adequate funding process, JWV
supports mandatory funding for veterans’ medical care, as well as
Medicare reimbursement for VA facilities.
REPEAL OF SUSPENSION OF PRIORITY GROUP 8 VETERANS
Resolving Priority Group 8 Access and Funding. More than a year ago, the
VA announced a plan to establish a “Medicare + Choice” plan for certain
Medicare-eligible veterans with no disabilities and incomes above a zip
code-based means test – Priority Group 8 veterans. If Medicare access
standards were to be met for the Medicare + Choice plan participants,
then the VA should be resourced to meet the same standards for all other
enrollees. JWV continues to support allowing all Medicare-eligible
veterans to be able to choose the VA as their Medicare provider for
non-service connected care. JWV believes that VA Medicare Subvention
will save the government money, enhance access to care for our nation’s
older veterans, and enable the VA to improve the coordination of care
for these veterans. JWV recommends the Committee support adequate
funding for the VA Medicare + Choice plan. JWV continues to support
Medicare reimbursement for non-service connected care for all enrolled
Medicare-eligible veterans.
In passing the Veteran’s Health Care Eligibility Reform Act of 1996, P.L.
104-262, Congress required VA to furnish hospital care and medical
services to, among others, any veteran with a compensable
service-connected disability or who is unable to defray the expenses of
necessary medical care and services. It further authorized the VA, with
respect to veterans not otherwise eligible for such care and services,
to furnish needed hospital, medical, and nursing home care.
The overwhelming response from the veteran population was largely
unanticipated and drastically under funded, leading to the backlog of
veterans waiting to receive care at the VA. In an effort to reduce that
backlog, Secretary Principi suspended enrollment of Priority Group 8
veterans. JWV strongly opposes this decision and calls for the repeal of
the suspension of enrollment for Priority Group 8 veterans.
THIRD PARTY REIMBURSEMENT AND MEDICAL CARE COLLECTIONS FUNDS
Public Law 105-33, the Balanced Budget Act of 1997, established the VA
Medical Care Collections Fund (MCCF) and requires that amounts collected
or recovered after June 30, 1997, be deposited into this fund. The MCCF
is a depository for collections from third party insurance, outpatient
prescription co-payments and other medical charges and user fees. The
funds collected may only be used for providing VA medical care and
services and for VA expenses for identification, billing, auditing and
collection of amounts owed the Government.
Technically, the MCCF is not considered a Treasury offset because the
funds collected do not actually go back to the MCCF treasury account,
but remain within VHA and are used as operating funds. Instead, in
developing a budget proposal, the total appropriation request is reduced
by the estimate for MCCF for the fiscal year in question. We fail to see
the difference in the net effect to the VISNs and VAMCs. Offsetting
estimated MCCF funds largely defeats the purpose of realigning VHA’s
financial model to more closely approximate the private sector. JWV
adamantly opposes annual VA discretionary funding by the MCCF recovery.
Implementation by VHA of the Revenue Cycle Enhancement Plan has had a
dramatically positive effect on the amount of revenue collected.
Resuming in early FY 2002 it has resulted in significantly higher
receipts than projected; so much so that VHA recently doubled the amount
expected in FY 2004 from $1.3 billion to 2.1 billion. However, any
system can stand improving and agency models are available that clearly
illustrate the efficiencies that can be gained through practical
application.
JWV is pleased with the progress in collections that VHA has made in two
short years. With continued improvement, MCCF should become a
substantial portion of VHA’s operating revenue in the near future. JWV
supports pending legislation requiring Health Maintenance Organizations
(HMOs) and Preferred Provider Organizations (PPOs) to consider VHA a
network provider or preferred provider, respectively. This legislation
would prevent HMOs and PPOs from using the lack of a participating
network or preferred provider agreement as the basis for non-payment to
VA for services for other than urgent conditions.
MEDICAL AND PROSTHETICS RESEARCH
The Department of Veterans Affairs (VA) Medical and Prosthetic Research
Service has a history of productivity in advancing medical knowledge and
improving health care not only for veterans, but all Americans. VA
research has led to the creation of the cardiac pacemaker, nicotine
patch, and the Computerized Axial Tomography (CAT) scan, as well as
other medical breakthroughs. Over 3800 VA Physicians and scientists
conduct more that 9,000 research projects each year involving more than
150,000 research subjects.
The VA Medical and Prosthetic Research budget has not kept pace with
inflation during the past 15 years. It is essential that Congress and
the Administration support strong medical and prosthetic research
programs within VA so that veterans and all citizens continue to benefit
from the exceptional research capability of the Department.
JWV supports adequate funding for VA biomedical research activities.
Congress and the Administration should encourage acceleration in the
development and initiation of needed research on conditions that
significantly affect veterans – such as prostate cancer, addictive
disorders, trauma and wound healing, post-traumatic stress disorder,
rehabilitation, and others – jointly with the Department of Defense
(DoD), the National Institutes of Health (NIH), other Federal agencies,
and academic institutions.
POST TRAUMATIC STRESS SYNDROME
JWV asks the Congress to support immediate improvements and enhancements
in programs for veterans with post-traumatic stress disorder (PTSD).
This is especially important as military personnel are returning from
service in Iraq and Afghanistan. In many cases, current PTSD programs
are barely able to meet the chronic needs of veterans already in the
system.
The VA needs to make substantial enhancements in the services currently
available to treat veterans with PTSD and also must provide network
coordinators and sufficient other staff to ensure that these veterans
are able to obtain needed care.
JWV asks that the VA Under Secretary for Health provide plans to correct
internal inconsistencies in data reported to Congress on its mental
health programs; coordinate with the Department of Defense (DOD) to
identify a plan for transferring timely data to ensure VA can adequately
plan for returning troops; ensure VA networks’ success in implementing
the new clinical practice guidelines for PTSD developed with DOD; and
expand access to services for veterans with PTSD.
LONG-TERM CARE
VA spent close to $3.3 billion on long-term care in FY 2002. Over the
next 10 years, demand will most likely increase due to the aging of the
veteran population. VA estimates that the number of veterans most in
need of long-term care, those veterans 85 and older, will more than
double to about 1.3 million in 2012. Yet, even with these numbers,
veterans’ long-term care needs and projected growing demand has yet to
be addressed in the Draft National CARES Plan (DNP).
HEPATITIS C
Hepatitis C is an emerging national health crisis. There is an increased
prevalence of Hepatitis C and associated health problems within the
veteran population. According to the VA, the rate of veterans with
Hepatitis C is at least three times higher than the rate of the general
population, with Vietnam veterans, in particular, being a high-risk
group. This problem is presenting a major challenge for VHA.
JWV was pleased with VA’s initial response, in terms of their pro-active
approach to Hepatitis C education, outreach, testing, and treatment
efforts. However, earlier in this fiscal year, citing the lack of
sufficient funds to meet the increased demand for all types of VA care,
VA has begun to seriously scale back its Hepatitis C outreach and
treatment programs. VA has, in fact, begun to discourage the testing of
veterans who may be at risk for Hepatitis C and are even turning away
some veterans who test positive, because they are not accepting new
enrollments and the costs associated with current treatment regimens is
so high. This policy is unacceptable to JWV.
Even though VHA is being forced to curtail many of its Hepatitis C
initiatives, it is continuing internal education efforts directed at VHA
health care providers and patients. It is continuing to develop data
from ongoing screening of veterans’ health records. To the extent
possible, VHA is utilizing the latest treatment modalities, which have
shown promising results. There are also a number of recently initiated
research projects underway to learn more about the risk factors
associated with this virus.
JWV believes that, in addition to its budgetary responsibilities,
Congress has a legislative role in responding to the Hepatitis C
challenge.
GULF WAR ILLNESS
JWV continues to actively support Gulf War Veterans and their families,
as it has since August 1990.
Congressional oversight is needed to ensure that additional information
identifying involved personnel or units for the locations already known
by VA is released by DOD as well as all relevant information pertaining
to other locations that have yet to be identified. Locating this
information and providing it to VA must be a priority. Delaying the
disclosure of this information delays the delivery of earned benefits to
deserving veterans.
Now, it is up to the Congress to make sure VA is directed to ensure that
these urgently needed studies take place and are carried out by
independent scientists with Institute of Medicine participation. The
studies require both funds and assurance of ready access to the military
personnel records and histories if this long overdue debt to our Vietnam
veterans is ever to be paid.
Since GAO’s investigation clearly invalidates DOD’s modeling efforts as
well as the usefulness of any future efforts, and the number of troops
exposed to nerve agents is likely much greater than estimated by DOD,
JWV urges that a presumption of exposure be granted for every service
member in the region at the time of the demolitions.
CAPITAL ASSET REALIGNMENT FOR ENHANCED SERVICES (CARES)
The VA health care system was designed and built at a time when
inpatient care was the primary focus and long inpatient stays were
common. New methods of medical treatment and the shifting of the veteran
population geographically meant that VA’s medical system was not
providing care as efficiently as possible, and medical services were not
always easily accessible for many veterans. About 10 years ago, VA began
to shift from the traditional hospital based system to a more outpatient
based system of care. The transformation occurring in the delivery of
health care far outpaced VA’s ability to make infrastructure changes.
Subsequently, a 1999 Government Accounting Office (GAO) report found
that VA spent approximately $1 million a day of underused or vacant
space. GAO recommended, and VA agreed, that these funds could be better
spent on improving the delivery of services and treating more veterans
in more locations.
In response to the GAO report, VA developed a process to address changes
in both the population of veterans and their medical needs and decide
the best way to meet those needs. The Capital Asset Realignment for
Enhanced Services (CARES) plan was initiated in October 2000. The pilot
program was completed in VISN 12 in June 2001 with the remaining 20 VISN
assessments being accomplished in Phase II.
The CARES process was designed to take a comprehensive look at veterans’
health care needs and services. However, because of problems with the
model in projecting long-term care, domiciliary, and outpatient mental
health care needs into the future, specifically to 2012 and 2022, these
very important health care services were omitted from the CARES
planning. An extensive look, such as that proposed by the CARES
initiative, cannot possibly be accomplished when an assessment of need
for those services in missing from the process.
VETERANS BENEFITS ADMINISTRATION
Disability Claims Backlog and Process Improvement. JWV commends the
Veterans Benefits Administration for substantial progress in reducing
the unacceptably high numbers of backlogged disability claims. VBA
recently announced that it had reached a steady state of 250,000 claims
in progress. There have been some notable improvements in the average
time to process an initial claim. That being said, JWV believes that
more can and must be done to continue the progress made to date and to
prevent against slippage. JWV believes the key to sustained improvements
in claims processing rests on adequate funding to attract and retain a
high-quality workforce of claims-workers supported by investment in
information management and technology.
JWV strongly recommends adequately funding the Veterans’ Benefits
Administration to meet its manpower, training, and IM/IT requirements in
order to sustain ongoing improvements in reducing the claims backlog.
Restoring Selected Reserve GI Bill Benefits (Chapter 1606, Title 10 USC).
More than 350,000 National Guard and Reserve service members have been
mobilized since September 11, 2001, and many thousands are now preparing
to deploy to Iraq. Many of these troops are part or full time students,
but their benefits have not kept pace, proportionately, with recent
increases in basic education benefits under the Montgomery GI Bill (MGIB)
authorized in Chapter 39, Title 38 USC.
JWV recommends that the Committee support stairstep increases to the
Reserve MGIB authorized under chap. 1606, Title 10 USC, in three
increments of $77 over the next three years to restore proportional
parity with basic MGIB benefits. For the longer term, JWV believes that
the Reserve MGIB authority, other than the Reserve “kickers” authority,
should be incorporated into Title 38.
Over the years, Congress has established a system of laws that provides
veterans and their survivors a spectrum of the services and benefits
earned by virtue of the veteran’s service in the Armed Forces of the
United States. Since 1938, VA has had the responsibility of implementing
these laws in a pro-claimant, informal, ex parte, and nonadversarial
manner. JWV continues to closely monitor the programs and policies of
the Veterans Benefits Administration (VBA) and assess whether or not
these are truly meeting the needs of veterans and their families.
Over the course of FY 2002 and FY 2003, VBA has been able to make
notable progress toward realizing Secretary Principi’s often stated goal
of the reducing the number of pending cases down to 250,000 and cutting
the average processing time down to 100 days. This has been a major
challenge for VBA. In March 2002, at its peak, the regional offices had
a backlog of over 423,000 cases which required rating action. Of these,
40 percent were over six months old. There were another 147, 000 cases
in which some other type of action was pending. In addition, there were
approximately 107,000 pending appeals, which included over 22,000 cases
that had been remanded by the Board of Veterans Appeals. In human terms,
thousands of these sick and disabled veterans or the survivors were
waiting a year or more for a regional office to make a decision on their
claim. If the claim was denied and the pursued an appeal, their wait
could extend another two to three years or more. Such delays caused
increased stress as well as serious financial hardship. Recognizing the
fact that many of these backlogged claims were from elderly veterans,
one of the Secretary’s first service improvement initiatives was the
establishment of the Tiger Team at the Cleveland VA Regional Office.
This unit has been primarily responsible for expedited action on claims
of older veterans, particularly those aged 70 and older, whose cases
have been pending for a year of more.
It is clear that there has been a dramatic reduction in the claims
backlog in the past year or so. This decline means that regional offices
are taking less time to adjudicate claims than in the past. Last year at
this time, there were some 358, 000 claims waiting final action. Of
these, almost 36 percent were over 6 months old. At the end of August,
VBA reported there were about 265,000 pending claims and, of these,
about 20 percent are over 6 months old. The average processing time has
been reduced from 224 days in June 2002 to about 160 days.
The lack of proper and appropriate action on thousands of claims
continues to result in a high level of claimant dissatisfaction and a
steady influx of new appeals to the regional offices. There are now over
134,000 pending appeals with some 111,500 requiring adjudicative action.
Even though there is a concerted effort to resolve appeals at the
regional office through the Decision Review Officer program, most of
these cases will eventually go to the Board of Veterans Appeals for a
final decision on the merits of the claim.
ENVRONMENTAL EXPOSURES
AGENT ORANGE
It is now more than thirty two years since that last Agent Orange
mission was conducted in Vietnam and the Nation has still not lived up
to its responsibilities for finding out the extent of damage to Vietnam
veterans caused by the herbicides and then in doing its duty to assist
them and their families. This nation has a moral obligation to provide
quality health care to all of these veterans.
ASBESTOS
The Jewish War Veterans of the U.S.A., does not believe the current
asbestos resolution process serves the best interest of America’s
veterans. The process is clearly broken; therefore, the status quo,
i.e., resolving asbestos related claims through the courts within the
frame work of existing tort law, is no longer acceptable to us. We
support a Trust Fund solution to this problem and encourage you and your
colleagues to work for passage of legislation that would put a Trust
Fund solution in place.
Mr. Chairman, veterans suffering from asbestos related illness should
not be forced to remain mired in a system that does not work. Many
veterans do not receive timely resolution-or adequate
compensation-despite years of waiting for their claims to be
adjudicated. Further, the insidious, debilitating and deadly diseases
associated with asbestos exposure result in high morbidity and many die
before they have their day in court. Justice delayed is truly justice
denied. These delays must end.
Senate Bill 1125 (S-1125), designed to create a fair and efficient
system to resolve asbestos claims, provides the framework for an
acceptable Trust Fund solution to the asbestos problem. We therefore
support this legislation. However, as you and your colleagues flesh out
the final details of the bill, I encourage you to seek input from
Veteran service organizations, concerned veterans and the Department of
Veterans Affairs. This legislation is important to America’s veterans
and I urge you to include them in the process and address their
legitimate concerns.
CONCURRENT RECEIPT
JWV continues to support concurrent receipt legislation as originally
proposed by Congressman Mike Bilirakis in H.R. 303, which authorized
full concurrent receipt of military retired pay and VA disability
compensation. The FY 2004 National Defense Authorization Act provides
for a ten-year phase out of the disability off-set for retirees with
disabilities of 50 percent or greater, who otherwise could have retired
without a disability.
It also expanded Combat Related Special Compensation (CRSC) eligibility
to retirees with twenty or more years of service and any combat or
operations related VA disability rating of ten percent or higher.
JWV will continue to support and work to restore earned retiree pay to
those with disability ratings lower than 50 percent.
MEETING THE SPECIAL NEEDS OF WOMEN VETERANS
The Jewish War Veterans of the USA recognizes that there are
service-related problems unique to the woman veteran. The JWV supports
the allocation of VA resources to fund women’s centers at all major VA
medical facilities and specially trained medical professionals at each
veteran’s outreach clinic.
COUNTING OF SERVICE MEMBERS’ BALLOTS
The Jewish War Veterans of the USA reiterates its long-standing position
that the ballots of all service members voting by absentee ballot must
be counted in any election where the service member participates in the
election process. It is idiotic that a service members’ ballot is not
counted because there is no postmark on an envelope of a service
members’ ballot because the member was stationed in a postage-free
hostile combat area. Local election officials must not be permitted to
defeat the democratic process because of their own ignorance.
PROJECT 112 / PROJECT SHAD
In June 2003, DOD completed its nearly three year investigation of
Project 112, an extensive series of land based tests conducted between
1962 and 1973 to determine the vulnerability of U.S. military personnel
to biological and chemical warfare attacks, and Operation Shipboard
Hazard and Defense (SHAD), the shipboard portion of Project 112. On
August 14, 2003, DOD, as required under Public Law 107-314, submitted
its report
on the completion of all activities associated with its investigation on
Project 112/SHAD to Congress.
Although DOD’s Deployment Health Support Directorate will continue to
respond to questions and concerns regarding Project 112/SHAD and will
investigate any new information brought to its attention in the future,
JWV is concerned about the completion of the active investigation. DOD
noted early in its investigation that some Project 112/SHAD files had
been destroyed. Records are not available electronically; they were in
boxes uncategorized and there was no standardization in the manner the
reports were maintained by the respective participating military
branches. DOD also noted that the term SHAD was not universally used to
categorize the tests and it does not appear that DOD can guarantee that
there were not other tests referred to by another name that were part of
the same series.
DOD investigators reported that the Desert Test Center had planned 134
tests for Project 112 and SHAD combined. According to DOD, although 134
tests were planned, only 50 were actually conducted and 84 were
cancelled. These tests were conducted in the open seas of the Atlantic
and Pacific, as well as on land in Alaska, Hawaii, Maryland, Florida,
Utah, Georgia, Panama, England, and Canada. Fact sheets were prepared
for all tests that were actually conducted and DOD identified 5, 842
participants and forwarded the names to VA for notification. When
located, VA informs the veterans by letter of the test they participated
in and also encourages them to visit a VA medical facility if they have
any health concerns. In 2002, VA requested IOM to conduct an
epidemiological study to determine if veterans are suffering from
long-term health problems related to their participation in Project
112/SHAD. This study is scheduled for completion in fall 2005.
Although DOD has completed its active investigation of Project 112/SHAD,
the possible effects of long-term health problems are still largely
unknown and the completion of the IOM study is at least two more years
down the road. In the meantime, ill veterans claiming service connection
for disabilities they believe are related to their involvement in
Project 112/SHAD are being denied compensation benefits at an alarming
rate. VA has been tracking Project 112/SHAD-related disability claims
since July 2002. According to the Veterans Benefits Administration,
(VBA), as of August 1, 2003, 275 service connection claims had been
received from veterans alleging disabilities due to exposure to
agents/substances while participating in Project 112/SHAD.
In the time it takes VA to locate and notify Project 112/SHAD
participants identified by DOD, the number of ill veterans seeking
health care and compensation from VA will increase. DOD may have ended
its investigation but the ramifications of Project 112/SHAD will remain
indefinitely. Thus, it is extremely important that Congress continue its
oversight of this issue to ensure that Operation 112/SHAD veterans are
not abandoned now that DOD concluded its active investigation.
FILIPINO VETERANS
“Great progress was made in 2003 for Filipino War II Veterans with the
passage of legislation that improves health care and compensation for
Filipino World War II veterans legally residing in the United States.
The Jewish War Veterans applauds these actions and urge Congress to pass
further legislation that continues to live up to the promise made to
Filipino World War II soldiers when they were drafted into service by
President Franklin D. Roosevelt.
The 2003 legislation has addresses many of the concerns of Filipino
veterans who live in the United States. But what about the veterans
living in the Philippines? They, too, fought side-by-side with the
American soldiers in the now famous battles of Bataan and Corrigidor.
They, too, suffered on the Bataan Death March and in prisoner of war
camps. The Department of Veterans Affairs is sending medical equipment
and supplies to the veterans’ hospital in Manila, but tat is the only
recognition of the needs of the Filipino veterans who are living in the
Philippines.
The Jewish War Veterans of the USA supports passage of H.R. 677, the
“Filipino Veterans Equity Act”, which restores all benefits to all
Filipino World War II veterans, benefits that were taken away by
Congress in the Rescissions Act of 1946. These include, among others,
health care, old age and disability benefits for each and every Filipino
veteran.”
POW-MIAS
Current information indicates there are still many (almost 2000) U.S.
military personnel unaccounted for, or classified as missing, in
Southeast Asia. Besides the Vietnam War, there are also thousands of
MIAs on record from World War II and the Korean War.
The Jewish War Veterans of the U.S.A. supports all efforts to obtain a
full accounting of those missing in action, or as prisoners of war,
regardless of how much time has passed.
On Friday, January 13, 2004, members of JWV led by PNC Bob Zweiman,
participated in the funeral of Major Irwin Lerner, USAF, who had been
mission in action since 1972. Through the effect of a genealogist, and
with the use of modern DNA techniques, Major Lerner’s remains were
accounted for after many years. Irwin Lerner was an electronics warfare
Officer on a B-52 mission. He left behind a wife and three children,
ages 7, 5 and 2.
The Jewish War Veterans of the USA is extremely proud of this air force
officer and his service and sacrifice to our country.
COMPENSATION OF AMERICAN PRISONERS OF THE JAPANESE IMPERIAL FORCES
Many Americans, combatants and non-combatant, were forced to work as
slaves in Japanese factories, brothels, mills etc. As a result of
various treaties between Japan and the United States, these individuals
are barred from seeking proper redress and compensation from Japan.
Therefore, the Jewish War Veterans of the USA calls upon Congress to
establish a Compensation Review Board to review individual cases of
forced servitude and, if appropriate, authorize just and proper
compensation and supports the suits by individuals against Japanese
corporations which had a pecuniary interest in the use of slave
laborers.
HOMELESS VETERANS
JWV has been committed to assisting homeless veterans and their families
for a number of years. JWV applauds the efforts of the 108th Congress in
improving the lives of homeless veterans. The FY 2004 budget request
shows increased funding for the Homeless Veterans Reintegration Program
(HVRP). The HVRP program is an employment initiative with strong ties to
the local communities. Providers operate veteran-specific programs that
reach veterans with histories of intertwined post traumatic stress
disorder (PTSD) and substance abuse. HVRP grantees have placed hundreds
of veterans in good jobs, with twice the record of job retention
expected. HVRP has the potential for eliminating chronic homelessness
among our nation’s veterans. It covers myriad initiatives that address
prevention, housing, counseling, treatment and employment for veterans
transitioning out of homelessness.
Homelessness in America is a travesty, and veteran’s homelessness is
disgraceful. Left unattended and forgotten, these men and women who once
proudly wore the uniforms of this nation’s armed forces and defended her
shores are now wandering her streets in desperate need of medical and
psychiatric attention and financial support. While there have been great
strides in ending homelessness among America’s veterans, there is much
more that needs to be done. We must not forget them.
NATIONAL CEMETERY ADMINISTRATION (NCA)
VA’s National Cemetery Administration (NCA) is comprised of 120
cemeteries in 39 states and Puerto Rico as well as 33 soldiers’ lots and
monuments. NCA was established by Congress and approved by President
Abraham Lincoln in 1862 to provide for the proper burial and
registration of graves of Civil War dead. Since 1973, annual interments
in NCA have increased from 36,400 to over 84,800. Annual burials are
expected to increase to more than 115,000 in the year 2010 as the
veteran population ages. Currently 59 national cemeteries are closed for
casket burials. Most of these can accept cremation burials, however, and
all of them can inter the spouse or eligible children of a family member
already buried. Another 22 national cemeteries are expected to close by
the year 2005, but efforts are underway to forestall some of these
closures by acquiring adjacent properties.
Maintaining cemeteries as National Shrines is one of NCA’s top
priorities. This commitment involves raising, realigning and cleaning
headstones, and markers to renovate gravesites. The work that has been
done so far has been outstanding; however, adequate funding is key to
maintaining this very important commitment. At the rate that Congress is
funding this work, it will take twenty-eight years to complete. JWV
supports the newly appointed Under Secretary for Memorial Affairs in his
goal of completing the NCA’s National Shrine Commitment in five years.
This Commitment includes the establishment of standards and appearance
for national cemeteries that are equal to the standards of the finest
cemeteries in the world. Operations, maintenance and renovation funding
must be increased to reflect the true requirements of the National
Cemetery Administration to fulfill this Commitment.
JWV urges Congress to provide sufficient major construction
appropriations to permit NCA to accomplish its mandate of ensuring that
burial in a national cemetery is a realistic option 90% of our nation’s
veterans.
BURIAL BENEFITS
JWV supports restoration of a veteran’s burial allowance for wartime
veterans, along with restoration of the pre-1990 Omnibus Budget
Reconciliation Act criteria to provide eligibility for a government
furnished headstone or marker allowance and restoration and increase of
the burial plot allowance from $300 to $600.
JWV further supports pending legislation which would increase the burial
allowance from $330 to $1135 for compensably service connected and
indigent veterans and to $3712 form $2000 for veterans who die of a
service connected condition. This legislation would restore the intent
of Congress to pay 22% and 76%, respectively, of the cost of an average
funeral and would tie the allowances to the Consumer Price Index,
thereby eliminating the need for periodic legislative increases.
JWV opposes any attempt to collect “User Fees” for burials in any
national or state veteran’s cemetery. JWV supports action to provide
that when an eligible veteran dies in a state veterans hospital or
nursing home, VA shall pay for the cost of transporting the remains to
the place of burial as determined by VA.
CONCLUSION
JWV greatly appreciates the efforts of your Committees in authorizing
veterans’ health care, benefits and programs for the entire veterans’
community. The bipartisan cooperation exhibited by your Committees is a
welcome change to the seemingly endless political wrangling that too
often impedes the legislative process.
As young American Service members are once again answering the nation’s
call to arms in every corner of the globe and dying in Iraq almost every
day, JWV continues its proud tradition of securing the earned
entitlements of those brave men and women. Proposals continue to be
introduced that seek to balance the Department of Veterans Affairs (VA)
budget on the backs of America’s veterans both old and new.
Additionally, in an attempt to curb spending and control the
overwhelming backlog of veterans seeking health care at VA facilities,
the Secretary suspended enrollment of Priority Group 8 veterans. JWV
does not believe that rationing health care to America’s veterans is the
solution to the current crises within VA.
Messrs. Chairman and Members of these Committees, JWV appreciates the
fine work and dedication you have demonstrated throughout the year to
facilitate improvements in the many programs that affect the health and
welfare of the nation’s veterans and their families. At a time in our
nation’s history when thousands of U.S. Servicemembers are fighting to
protect the freedom of this great country, it is within your power to
ensure that their sacrifices are indeed honored with the thanks of a
grateful nation.
Thank you for granting me the opportunity to appear before you today.
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