Mr. Chairman and members of the Subcommittee, on behalf of Paralyzed Veterans of America (PVA), we would like to thank you for the opportunity to submit a statement for the record regarding the proposed legislation.  We appreciate the fact that you continue to address the broadest range of issues with the intention of improving benefits for veterans.  We particularly support any focus placed on meeting the complex needs of the newest generation of veterans, even as we continue to improve services for those who have served in the past. 

H.R. 1197, THE “PRISONER OF WAR BENEFITS ACT OF 2007” 

This legislation would repeal the requirement that a Prisoner of War (POW) be held captive for at least 30 days in order to receive a presumption of service-connection for the purposes of receiving benefits.  This issue was first considered during the 108th Congress after American service personnel who were held captive in Iraq during the early stages of the war were released or rescued after less than 30 days of internment.  These men and women had sustained severe injuries as a result of combat actions and their subsequent internment.  It seems only fair that any POW, regardless of time in captivity, be recognized as being eligible for service-connected benefits.  PVA supports this provision.

We likewise support the addition of the following diseases to the list of diseases presumed to be service-connected; Type II diabetes and osteoporosis.  We have no objections to the requirements placed on the Secretary of VA for adding or subtracting diseases to the presumptive service-connection list.  We would only caution that veterans and former POWs should be given the benefit of the doubt before any consideration is given to removing a disease from the list.

The legislation also allows a survivor of a veteran to continue to receive dependency and indemnity compensation for the death of a veteran resulting from such disease on the basis of such presumption after a disease is removed from regulations.  PVA supports this provision of the legislation.

H.R. 3008, THE “RURAL VETERANS SERVICE OUTREACH AND TRAINING ACT”

The “Rural Veterans Service Outreach and Training Act” is intended to improve outreach activities performed by the VA.  It does so by creating a grant program for states to help fund their rural county veteran service officers.  A state is eligible to apply for a grant if it has at least one county where veterans reside, and that county does not have a service officer.  State eligibility may also include a county that has a service officer working part time, or a county that has more that 1000 veterans residing in it and has a full-time county veterans service officer but can still demonstrate a need for additional services by a county service officer.

The maximum grant amount available is $1,000,000 and states will be able to apply annually.  States are required to provide a 20 percent match to receive the funds and states must use the funds to increase their outreach actives and not to supplement existing programs.

We believe this program can demonstrate to new veterans, as well as veterans from past conflicts that state governments along with the federal government are making a real effort to ensure that they receive the information, services, and benefits that they have earned.  PVA generally supports the provisions in this proposed legislation.

H.R. 3795, “YOU WERE THERE, YOU GET CARE ACT OF 2007”

PVA supports H.R. 3795, the “You Were There, You Get Care Act of 2007.”  This legislation allows for the men and women who served in the 1991 Persian Gulf War and conflicts since that date to be considered to be radiation-exposed for the purpose of service-connection as a result of exposure to depleted uranium.  However, we believe that this legislation should be expanded to include veterans who served prior to the first Gulf War.   During the 1980s, U.S. Army armor units located in Germany and South Korea carried armor piercing shells that were made from depleted uranium.  While service members understood that there were hazards associated with depleted uranium, they still spent weeks at a time in the tanks with these shells radiating uranium.  As such, these veterans should also be included in this category for presumptive service connection.

H.R. 4274, THE “GOLD STAR PARENTS ANNUITY ACT OF 2007”

PVA has some serious concerns about this proposed bill.  First, we question how this benefit would be applied in a situation where a veteran has a surviving spouse or dependents as well as surviving parents.  We do not believe that this is an appropriate benefit if the veteran has a surviving spouse or dependents because those individuals already would be the designated beneficiaries for all survivor benefits.  Payments under this bill would be nothing more than a secondary survivor benefit to the parents. 

While PVA always supports benefits that recognize the sacrifices made by our service members, we believe that providing $125 per month as a recognition for the death of a service man or woman is a slap in the face at best.  The value of this benefit suggests that the life of the man or woman who served and died honorably is worth almost nothing.  Moreover, to create a situation where separated parents might receive a $62 per month reminder of their son's or daughter's service and death is beyond comprehension.  While intentions for this legislation might be good, this bill will certainly create more heartache and pain rather than honorable recognition.  With these thoughts in mind, this legislation should be reconsidered. 

H.R. 5155, THE “COMBAT VETERANS DEBT ELIMINATION ACT OF 2008”

PVA principally supports H.R. 5155, the “Combat Veterans Debt Elimination Act of 2008.”  However, we have a couple of concerns with the proposal.  First, we believe that the legislation should afford the same benefit to any service member who might have been killed while serving in the line of duty.  We do not think that a special distinction should be made between a service member who was killed in a combat theater and a service member who was killed while serving at his or her home duty station.  We would ask; “What is the difference between having a tank roll over on the individual in Iraq or Afghanistan, or a tank roll over on the individual at Fort Hood, Texas?”  The benefit of this legislation should be afforded to any service member killed while serving this nation honorably. 

Second, we wonder why a special exception is made in this legislation for certain debts to be collected.  As we understand the bill, the only debt that the VA will be permitted to collect upon a service member’s death is a home loan or small business loan.   

H.R. 5448, THE “FULL FAITH IN VETERANS ACT OF 2008” 

PVA supports H.R. 5448, the “Full Faith in Veterans Act of 2008.” This legislation will help address the high number of post-traumatic stress disorder (PTSD) cases from Operation Iraq Freedom/Operation Enduring Freedom (OIF/OEF) as well as veterans from previous conflicts.  As more information becomes available from the VA’s Mental Health Centers of Excellence and other professional sources pertaining to the diagnosis and treatment of PTSD, this information must be available to all VA health care providers.

The latest information must also be available to the VA’s Vet Centers. Vet Centers are often the only VA representation in rural areas, and most Vet Centers are the first point of contact for veterans in rural areas with PTSD, as well as other mental health conditions. 

H.R. 5454, ALS

PVA supports H.R. 5454, a bill that provides a presumption of service connection for Amyotrophic Lateral Sclerosis (ALS) for any veterans that served during a period of war.

Studies published in medical neurology journals indicate a higher level of ALS among service members that served in the Gulf War than any other segment of the general population.   Although, at this time there is no causal effect standard for determining presumption, more research should be funded by the VA for current veterans with ALS and future cases.  We support this presumption of service connection for these veterans since there is currently no medical evidence to refute the increased incidence among veterans.  

 H.R. 5709, THE “VETERANS DISABILITY FAIRNESS ACT”

PVA supports the provisions of H.R. 5709, the “Veterans Disability Fairness Act.”  We hope that this legislation will correct the inconsistencies of ratings that veterans receive from different VA regional offices.  We have heard testimony over the last couple of years about veterans that may receive a 70 percent rating in one location, and be rated 100 percent in another region. While we understand that no veterans’ claims are the same, there is still a great deal of inconsistency in application of adjudication standards and regulations.

This legislation requires the VA to conduct reviews and audits annually to identify and correct inaccuracies or inconsistencies in disability ratings and the adjudication of claims for disability compensation.  The VA can use that information to address the differences that occur nationally.   To minimize the variability among regional offices, the VA must increase training, improve rater qualifications, and increase the quality review system. 

In the Veterans’ Disability Benefits Commission report, released in October 2007, the Institute of Medicine (IOM) recommended that educational and training programs for VBA raters and VHA examiners be developed, mandated, and uniformly implemented across all regional offices with standardized performance objectives and outcomes.  These programs should make use of advances in adult education techniques.  External consultants should serve as advisors to assist in the development and evaluation of the educational and training programs.  We believe this legislation begins to address this recommendation, but it could do more.   

We look forward to working with the VA and Congress to improve the consistency in disability ratings for veterans throughout the system.  

H.R. 5954, PRESUMPTION OF SERVICE CONNECTION FOR PROJECT 112

PVA supports H.R. 5954, a bill to provide veterans with a presumption of service connection for purpose of benefits for diseases associated with service in the Armed Forces and exposure to biological, chemical, or other toxic agents as part of Project 112. 

The Department of Defense (DoD), originally denied the occurrence of tests including chemical and biological agents until a government investigation identified these tests.  Project Shipboard Hazard and Defense (Project SHAD) was conducted between 1962 and 1974.  Of the 20,000 veterans that may have been exposed to these chemicals, VX nerve gas, Sarin Nerve Gas and E.Coli, all known to be harmful chemicals, only 6,000 veterans have been identified.  This bill will ensure that all veterans that may have incurred a disease as a result of exposure to these chemicals will receive the medical care they deserve. 

Section 2 of the bill requires the DoD to release all records that will allow the VA to identify the other 14,000 veterans involved in Project 112. It is time that the DoD finally sets the record straight and comes clean about all of the activities surrounding Project 112/SHAD. 

 H.R. 5985, THE “COMPENSATION FOR COMBAT VETERANS ACT” 

PVA fully supports H.R. 5985, the “Compensation for Combat Veterans Act.”  This proposed legislation is in accordance with a recommendation included in The Independent Budget for FY 2009.  As stated in The Independent Budget:

While VA recognizes the receipt of certain medals as proof of combat, only a fraction of those who participate in combat receive a qualifying medal [qualifying medals include combat badges and medals received for valor].  Further, military personnel records do not document combat experiences except for those who receive certain medals.  As a result, veterans who are injured during combat or suffer a disease resulting from a combat environment are forced to try to provide evidence that does not exist or wait a year or more while the Department of Defense conducts research to determine whether a veteran’s unit engaged in combat.

This legislation will clarify the status of veterans that have served in a combat zone and have suffered a disease or injury.  This will eliminate the need to establish evidence for proof of service-connection.  H.R. 5985, when signed into law, will save the veteran valuable time in developing their claim to submit to the VA when they seek the medical care for an injury or disease as a result of their combat service. 

It is important to note that this legislation would not eliminate or alter in any way the requirement that a veteran’s claim for disability have an official diagnosis or that a clear connection between that claimed disability and military service exists.  It would simply relieve the burden placed on veterans who served in a combat theater of proving that the claimed disability was combat-related.  As it currently exists in law, service in a combat zone or theater does not necessarily meet the threshold that the VA has established for recognizing a combat veteran.  This loophole needs to be changed to benefit the veteran and we believe this legislation will accomplish that task. 

 H.R. 6032, PRESUMPTION OF SERVICE CONNECTION FOR PARKINSON’S DISEASE  

PVA supports H.R. 6032, a bill that provides a presumption of service connection for Parkinson’s disease for certain veterans who served in the Republic of Vietnam.  The 109th Congress passed legislation that required the Secretary to designate six centers of excellence for Parkinson’s disease research, education, and clinical activities. These facilities will have an arrangement with an accredited medical school that provides training in neurology and diagnosis and treatment of neurodegenerative diseases.  Medical evidence has indicated a higher rate of Parkinson’s disease among veterans that have served in Vietnam. With the passage of this legislation, a veteran that develops Parkinson’s disease will be able to receive the latest treatment for this devastating condition.    

Mr. Chairman, we would like to thank you again for the opportunity to submit a statement for the record.  We look forward to working with the Subcommittee to ensure that the best benefits are available to all veterans.