Washington Update

FY 2008 VA HEALTH CARE BUDGET

The Issue

HOUSE VETERANS’ AFFAIRS ECONOMIC OPPORTUNITY SUBCOMMITTEE HOLDS HEARING ON VETERANS’ PREFERENCE

On September 6, the House Veterans’ Affairs Subcommittee on Economic Opportunity held a hearing to examine the issue of veterans’ preference in federal hiring. The Subcommittee Chairwoman, Representative Stephanie Herseth-Sandlin (D-SD), called the hearing because of concerns about job opportunities for the men and women returning from Iraq and Afghanistan.

Four panels were invited to testify on the issue of veterans’ employment including representatives from the veteran’s service organizations and federal agencies. The first panel included a representative of the Disabled American Veterans (DAV), and a senior staff attorney at the National Veterans Legal Services Program (NVLSP). DAV emphasized to the members of the Subcommittee that the nation has a moral obligation to ensure that those who have served, and especially those who are injured while serving, are provided the best benefits possible to allow them to rejoin society and lead as normal lives as possible. One very important benefit is the opportunity to obtain gainful employment. Military veterans are disciplined, task-oriented, well-trained, drug-free workers that would be an asset for any employer. Lawrence stated, “Our federal government should be the first in line to offer positions to those that have already served the federal government in its most demanding roles.”

The NVLSP representative spoke on behalf of veterans that have filed hiring complaints against the federal government. The NVLSP has reviewed and investigated complaints concerning veteran’s preference violations in federal hiring for the past eight years. Their conclusion, based on numerous complaints and litigation concerning violations, was that there are many violations of the spirit and the letter of veterans’ preference laws. Another panel included a spokesperson from the Department of Veterans Affairs (VA) Human Resources department. The VA is the largest employer of veterans among non-defense federal agencies. As of July 31, 2007, over 77,000, or 31 percent, of VA’s 250,000 employees are veterans. Over 60,000 of the 31 percent are veterans’ preference eligible, and 19,000 are disabled veterans. The agency faces a growing challenge to recruit more veterans in the future even as Vietnam era veterans retire. Over the last year more that 800 veterans per month have left the VA. During that same time, they have hired approximately 780 veterans per month. The VA’s strategic target is to maintain at least 33 percent veterans in its workforce.

Veterans’ preference as it is currently applied was established by the Veterans’ Preference Act of 1944. By law, veterans who are disabled or who serve on active duty in the Armed Forces during certain specified time periods or in military campaigns are entitled to preference over others in hiring. They also have a retention advantage over others during reductions in force. Subcommittee Chairwoman Herseth-Sandlin stressed that “this committee will continue to work to improve the success rate of veterans’ preference in federal hiring to honor the sacrifice made by our veterans.”

VETERANS’ DISABILITY BENEFITS COMMISSION CONCLUDES TWO YEARS OF WORK

The Veterans’ Disability Benefits Commission will hold its last meeting on September 19-20, in Washington, DC. This session will include a final review of their recommendations and a discussion of their roll-out plan to release their final report during the first week of October. They will conduct briefings for the President’s staff, members of Congress, the Department of Veterans Affairs, veterans’ service organizations, and members of the media.

The Veterans Disability Benefits Commission was created by Public Law 108-136, the “National Defense Authorization Act for FY 2004.” The Commission was given the mission of studying the disability benefits provided by the federal government to veterans who served in the United States military and to their survivors.

The 13 Commission members were appointed by the President and leaders of Congress with four appointed by Democratic members of Congress, four by Republican members, and the other five appointed by President Bush. Twelve of the members are military veterans. The Commission functioned independent of the Department of Veterans Affairs and the Department of Defense, and called upon those agencies for information and testimony.

When the Commission was signed into law by President Bush in November 2003, many of the veterans’ service organizations were concerned with the mission and intent of the Commission. The VSOs were concerned that their recommendations may conclude that some benefits should be eliminated or reduced. PVA, along with other VSOs, believe that many disability benefits do not accurately reflect the ever-increasing cost-of-living that veterans face. Moreover, some existing benefits need to be expanded to address the needs of men and women that are injured serving in Iraq and Afghanistan. The final report will be released on October 2, 2007. To find out more about the Commission and its work, visit their website at www.vetscommission.org.

THE PRESIDENT’S COMMISSION ON CARE FOR AMERICA’S RETURNING WOUNDED WARRIORS RELEASES REPORT

The Presidential Commission that was established to examine the care given to the wounded service members returning from Iraq and Afghanistan released their report recently. The Commission was headed by former Senator Bob Dole (R-KA) and former Secretary of Health and Human Services Donna Shalala.

Paralyzed Veterans of America views the release of the Commissions’ report as a positive step in ensuring that the needs of the men and women returning from Iraq and Afghanistan are addressed. While the report, when taken as a whole, is extremely broad in its recommendations and attempts to reorganize a system of benefits and services for veterans that has evolved over generations, there are specific elements that we believe should be quickly implemented. Likewise, there are other provisions that would only increase bureaucracy and may be potentially damaging to existing programs and benefits.

PVA believes that several of the recommendations should be implemented immediately by the Department of Veterans Affairs (VA) and the Department of Defense (DOD). The agencies should establish a single medical examination. This process should delineate the responsibilities of the DOD and the VA.

PVA likewise supports the concept of “recovery coordinators” who would help each seriously injured service member navigate the complexities of care, rehabilitation and disability claims process. However, we oppose the suggested use of the Public Health Service—a part of the Department of Health and Human Services—to develop and oversee this function as it would only add to bureaucracy.

The Commission also recommended that disability compensation be provided as more than just a benefit to offset economic loss but also as a benefit for lost quality of life and opportunities. PVA fully supports this concept.

However, PVA opposes the recommendation of a periodic review of a veteran’s disability status every three years. This would only further burden an overburdened system. The current system allows the veteran to request a reevaluation for exacerbated or worsened conditions. PVA also has serious concerns about providing separate, and possibly unequal, disability benefits for current Iraq and Afghanistan veterans. We believe that any changes in benefits must be applied across-the board.

PVA disagrees with the proposal to focus primary responsibility for treating traumatic brain injury (TBI) and Post Traumatic Stress Disorder (PTSD) with the Department of Defense. The VA has a long history of being the leader in addressing TBI and PTSD for returning service personnel. Legislation is being drafted at this time by the Administration to address the recommendations of this report. PVA, along with other VSOs will remain vigilant to ensure that changes that are made are meaningful and will not have a significant negative impact on the VA system. To read the complete report, visit the Commission’s website at www.pccww.gov.

SENATE PASSES VA APPROPRATIONS BILL

On September 6, the Senate approved the FY 2008 Military Construction and Veterans' Affairs Appropriations bill. The bill was approved by a vote of 92-1. The Senate bill nearly matches dollar-for-dollar the House version of the bill that was passed earlier this summer, with only a few minor differences.

The next step in the process is for the bill to be considered in a conference committee between the House and Senate committees. We are currently working with key staff in both chambers to ensure that the bill is completed and signed into law by the President prior to the start of the new fiscal year on October 1. This has not occurred for the last several years. When enacted, this bill would mark the first time in the 21-year history of The Independent Budget, co-authored by PVA, AMVETS, Disabled American Veterans, and the Veterans of Foreign Wars, that our recommendations have been met or exceeded.

FAIR HOUSING CONFERENCE FOCUSES ON VETERANS WITH DISABILITIES

In early September, Advocacy staff made a presentation on housing challenges facing veterans with disabilities at a forum sponsored by the John Marshall Law School (JMLS) in Chicago. This annual symposium focuses on issues involving the Fair Housing Act and people with disabilities. With increasing public attention to veterans returning with significant injuries from Iraq and Afghanistan, conference organizers sought to highlight some of the unique concerns confronting this veteran population.

Tammy Duckworth, director of the Illinois Department of Veterans Affairs, described her state's programs for veterans including low cost, low down payment mortgage financing and state grants up to $15,000 to assist veterans with home modifications. Housing and Urban Development (HUD) Assistant Secretary of Fair Housing, Kim Kendrick spoke about her agency's efforts to reach out to the veteran community and indicated that HUD is actively recruiting veterans with disabilities for positions at its Washington headquarters.A highlight of the conference was the announcement that JMLS has been awarded $100,000 by the Illinois Department of Veterans Affairs to establish a Veterans' Legal Support Center (VLSC). The brainchild of several law students returned from Iraq and Afghanistan, the Center will offer pro bono services to veterans in reviewing and filing claims with the VA and appealing denials. They also plan to offer training to other attorneys in the VA claims process. More information about the VLSC can be found at www.jmvlsc.org.

PARK SERVICE ACCESSIBILITY AWARDS

In late August, Advocacy staff participated in a review panel for the National Park Service Accessibility Awards. Since 2000, the Park Service has sponsored an annual competition with categories for design projects, both environmental and exhibits, leadership, programmatic accessibility and volunteer achievement. Many parks submit projects, which vary from accessible hunts to accessible gangways to trails accessible to people with mobility impairments and vision impairments. These submissions come from very urban environments, e.g., the Mall in Washington, DC to minimally developed areas, e.g., seashores and maritime parks. Park managers, architects, or designers often have to raise funds on their own and sometime rely on volunteer services to create accessible opportunities. Winners this year have not yet been notified; more information will be available once the Park Service has announced the awards. Information on the program can be found at http://www.nps.gov/access/awards/awards.htm.

Cal-Diego Paralyzed Veterans Association. Quality for Paralyzed Veterans