Mr. Chairman and Members of the Subcommittee:

On behalf of the 1.3 million members of the Disabled American Veterans (DAV), I am honored to present this testimony to address various benefits bills before the Subcommittee today.  In accordance with our congressional charter, the DAV’s mission is to “advance the interests, and work for the betterment, of all wounded, injured, and disabled American veterans.”  We are therefore pleased to support various measures insofar as they fall within that scope.

H.R. 1197

The “Prisoner of War Benefits Act of 2007” (H.R.1197), introduced by Congressman Bilirakis in February 2007, would provide improved benefits for veterans who are former prisoners of war (POW).  Specifically, H.R. 1197 would repeal the minimum period of internment for presumptive service connection for diseases associated with POW status.  The bill would also add type 2 Diabetes and osteoporosis to the list of diseases presumptively associated with POW status.  The DAV has a standing resolution to support the expansion of benefits for former POWs; therefore, we support this bill. 

The bill also authorizes the Department of Veterans Affairs (VA) to establish additional diseases as presumptively related to a veteran’s POW status.  Such authorization instructs the VA to establish a new disease as presumptively related to POW experiences whenever credible evidence for the association is equal to or outweighs the credible evidence against the association.  The DAV feels this criteria is very fair considering that a disease may not be considered presumptive unless evidence as a whole suggests no relationship and that such evidence is not outweighed by evidence that does suggest a relationship.  The nation’s former POWs have earned no less.

H.R. 3008

The “Rural Veterans Services Outreach and Training Act” (H.R. 3008), introduced by Congressman Wu in July 2007, is meant to improve services to veterans residing in rural areas.  The bill proposes to improve outreach and assistance to veterans, their dependents, and survivors through training of rural county veterans’ service officers (CVSOs).  The bill proposes to do this by making competitive grants to provide financial assistance to state departments of veterans affairs wherein the grants are determined by the Secretary of Veterans Affairs (Secretary) but shall not exceed $1,000,000. 

The DAV is concerned that providing Departmental funds to train CVSOs may not be the best use of such funds.  Nonetheless, the DAV has no resolution on this issue and we therefore take no position on the bill.

H.R. 3070

The “Disabled Veterans' Caregiver Compensation Act” (H.R. 3070), introduced by Congressman Peterson in July 2007, would authorize additional compensation, in the amount of $234.00, to be paid to certain veterans in receipt of compensation for a service-connected disability rated totally disabling for whom a family member dependent on the veteran for support provides care.  This extra compensation would be paid “[i]f and while rated totally disabled and in need of regular aid and attendance and while unpaid aid and attendance is provided by an adult family member who is dependent upon such veteran for support . . . .” 

The DAV supports this bill—we applaud it.  However, clarification is needed.  Title 38 defines “child” and “parent” as they relate to various veterans’ benefits.  Title 38 does not define “dependent” for benefits administered by the Secretary.  Without such a definition, at least concerning the amendments made by this bill, it will be unclear who qualifies for this benefit.  For example, an adult child caring for a veteran described by this bill may qualify as an “adult family member” but still not qualify as “dependent upon such veteran” if the child were not financially dependent on the veteran.  Such a child could not qualify as a dependent, even if he/she had to relinquish employment in order to care for the parent because the child may no longer qualify as a “child” for VA purposes. 

We do not believe the bill’s intent is to exclude those in the above scenarios, as well as others.  Therefore, while we fully support the bill, we request the bill be amended to properly define who does and does not qualify for the benefit provided by the bill.

Additionally, the amount of compensation listed herein ($234) is equal to the amount of compensation listed in section 1115 payable to a veteran with a spouse in need of aid and attendance.  If this figure is no coincidence, which we do not believe to be the case, we must note that $234 is the figure for 2002.  We asked that the bill be amended to reflect the current year’s level of compensation.

H.R. 3795

The “You Were There, You Get Care Act of 2007” (H.R. 3795), introduced by Chairman Filner in October 2007, would provide that veterans of service in the 1991 Persian Gulf War and subsequent conflicts shall be considered to be radiation-exposed veterans for purposes of service connection for certain diseases and disabilities, and for other purposes.  This bill would provide presumptive service connection for any “disease that is covered under section 3.309 or 3.311 of title 38 of the Code of Federal Regulations and any other disease found by the Secretary to result from exposure to depleted uranium or the by-products of the burn-off that occurs when a depleted uranium munition penetrates a target.  The DAV supports this bill. 

Those veterans covered by this bill are those that served during the Persian Gulf War or any subsequent conflict in which depleted uranium munitions are used, if that service is in the theater of operations of that war or conflict or involved the clean-up or servicing of vehicles or equipment that had been in such a theater of operations.  The DAV does not have a standing resolution directly on point with this bill, we do however have resolutions calling for the support of enhanced benefits for Persian Gulf War veterans suffering from diseases associated with their service.  Therefore, the DAV fully supports this bill.

H.R. 4274

The “Gold Star Parents Annuity Act of 2007” (H.R. 4274), introduced by Congressman Walsh in December 2007, would provide for the payment of a monthly stipend to the surviving parents (known as “Gold Star parents”) of members of the Armed Forces who die during a period of war.  The DAV has no opposition to this bill.

This bill would require the Secretary to pay a monthly pension to each person who has received a gold star lapel button under section 1126 of title 10 as a parent of a person who died in a manner described in that section.  The total amount of payment to a Gold Star parent would be $125.  If there is more than one eligible parent, the total amount would be divided equally among the eligible parents. 

While the DAV has no opposition to this bill, we do not believe that $125, or $75 dollars each for two parents is adequate.  These amounts cannot begin to honor the depth of a parent’s sacrifice when their child, perhaps their only child, is lost forever on a distant battlefield.  Death on the battlefield is unquestionably the greatest sacrifice a servicemember can make for his or her country, but it is also the greatest sacrifice that a parent can make.  Therefore, while we respect the intent of this bill and thank Mr. Walsh for its introduction, we respectfully request the monetary amount described herein be substantially increased. 

H.R. 5155

The “Combat Veterans Debt Elimination Act of 2008” (H.R. 5155), introduced by Congresswoman Shea-Porter in January 2008, would prohibit the Secretary from collecting certain debts to the United States in the case of veterans who die as a result of a service-connected disability incurred or aggravated on active duty in a combat zone.  The DAV has no resolution on this issue, which is essentially outside our mission scope.  Therefore, we take no position on this bill. 

H.R. 5448

The “Full Faith in Veterans Act of 2008” (H.R. 5448), introduced by Congressman Allen in February 2008, would seek to improve the disability compensation evaluation procedures for veterans with post-traumatic stress disorder and to improve the diagnosis and treatment of post-traumatic stress disorder.  The DAV has no opposition to this bill; in fact, we are on record as staunch supporters of a similar bill, H.R. 5892.

H.R. 5892 accomplishes many of the same goals as this bill and has already been moved out of Committee and into the full House.  H.R. 5892 is also more comprehensive than H.R. 5448, while achieving the same goals as this bill.  Because of this, and even though we do not oppose this bill, we respectfully request that any resources that Congress would otherwise spend on this bill be diverted to support the passage of H.R. 5892.

H.R. 5454

Congressman Brown introduced H.R. 5454 in February 2008.  This bill would establish a presumption of service connection of amyotrophic lateral sclerosis for purposes of the laws administered by the Secretary.  Essentially, this bill would amend section 1112 of title 38, United States Code, to provide for a presumption of service connection for amyotrophic lateral sclerosis when developing to a 10 percent degree of disability at any time after service.  Although the DAV has no resolution on this issue, because of its positive impact on disabled veterans and their dependents, as well as the higher prevalence of this disease among the veteran population, we support this bill in full.

H.R. 5709

The “Veterans Disability Fairness Act” (H.R. 5709), introduced by Congressman Space in April 2008, would require the Secretary to carry out quality assurance activities with respect to the administration of disability compensation.  In order to carry out the quality assurance program under section 7731 of title 38, United States Code, with respect to the administration of disability compensation, this bill would require the Secretary to ensure accuracy and consistency across different offices within the Department of the treatment of claims for disability compensation, including determinations with respect to disability ratings and whether a disability is service connected. 

For each disability compensation claim, this bill would require the Secretary to track and monitor the following:  (1) The state in which the claimant resided when the claim was submitted; (2) the decision of the Secretary with respect to the claim; (3) the regional office and individual employee of the Department responsible for evaluating the claim; (4) if the claim was adjudicated, the results of such adjudication; (5) the state of the claimant's residence; and (5) such other data as the Secretary determines is appropriate for monitoring the accuracy and consistency of decisions with respect to such claims.  Once compiled, the Secretary would be required to use this information to conduct annual reviews to correct any inaccuracies or inconsistencies in disability ratings and the adjudication of claims for disability compensation.  Such reviews and audits shall evaluate disability ratings and claims adjudication by regional office and by the employee responsible for each such rating or adjudication

The DAV has long advocated for enhanced quality assurance and oversight of VA’s disability claims processing system.  We therefore support this bill and applaud Mr. Space for its introduction.

H.R. 5954

Congressman Thompson introduced H.R. 5954 in May 2008.  If enacted, this bill would provide veterans with presumptions of service connection for purposes of benefits under laws administered by the Secretary for diseases associated with service in the Armed Forces and exposure to biological, chemical, or other toxic agents as part of Project 112.  This bill is one that all disabled veterans who were unknowingly harmed by military experiments and wrongfully denied disability benefits to which they were legally entitled should celebrate. 

This legislation will only be successful if the Department of Defense (DOD) releases the names of all participants of these military experiments, many of which may not even be aware of their involvement.  For this reason, the DAV is pleased that this bill requires the DOD to release the information vital for the success of this bill.  Without such a requirement, those affected by these unthinkable experiments will continue to be locked out of a system otherwise designed to provide the help this bill delivers. 

Since 2003, the DOD has stopped actively searching for individuals who were potentially exposed to chemical or biological substances during Project 112 tests, but have not provided any basis for that decision.  In 2003, the DOD reported it had identified 5,842 servicemembers as having been potentially exposed during Project 112, but also indicated that it would cease searching for additional individuals.  In 2004, the Government Accountability Office (GAO) reported that the DOD did not exhaust all possible sources of information.  

Since June 2003, however, non-DOD sources—including the Institute of Medicine—have identified approximately 600 additional names of individuals who were potentially exposed during Project 112.  This fully supports the proposition that the DOD’s actions were completely arbitrary.  Until these issues are addressed, veterans will remain unaware of their potential exposure, and this monumental injustice of experimentation on U.S. servicemembers will continue to go unanswered.  Congress must mandate that the DOD live up to its obligation of identifying every single veteran that may have had even the smallest potential of exposure.  This bill is a large step in the right direction and the DAV supports it. 

H.R. 5985

The “Compensation for Combat Veterans Act” (H.R. 5985), introduced by Congressman Braley in May 2008, would clarify service treatable as “service engaged in combat with the enemy” for utilization of non-official evidence as proof of service connection in a combat-related disease or injury.  The DAV supports this bill; however, we suggest amendments.  This legislation establishes that a veteran who “during active service . . . served in a combat zone for purposes of section 112 of the Internal Revenue Code of 1986, or a predecessor provision of law, shall be treated as having engaged in combat with the enemy in active service for purposes of that paragraph during such service in that combat zone.’’  The legislation as currently written would allow, for example, an Iraqi War veteran who only served in Bahrain and was consequently never in danger of being exposed to combat, the same consideration as an Iraqi War veteran who served inside the combat theatre of operation. 

We therefore suggest an amendment to this legislation that would still consider a class of veterans as having been exposed to combat, but suggest that those veterans with service inside the borders of the combat theatre of operation receive such consideration, such as those serving inside the borders of Iraq, Afghanistan, Vietnam, etc. 

H.R. 6032

Congressman Filner introduced H.R. 6032 in May 2008.  The bill would direct the Secretary to provide wartime disability compensation for veterans who served in the Republic of Vietnam and who have manifested Parkinson's disease to degree of 10 percent or more.  The DAV is certainly not opposed to enhancing benefits for veterans who served in the republic of Vietnam.  However, currently we are unaware of scientific evidence suggesting a positive association between Parkinson’s disease and exposure to herbicides.  Therefore, the DAV takes no position on this bill.  If, however, such scientific evidence becomes available, or we are otherwise made aware of its existence, we will fully support this legislation. 

Mr. Chairman, this concludes my testimony on behalf of DAV.  We hope you will consider our recommendations.