May 16, 2011

VA IMPLEMENTS NEW FAMILY CAREGIVER PROGRAM FOR POST—9/11 VETERANS

On May, 9, the Department of Veterans Affairs (VA) began accepting applications from family caregivers who care for severely wounded post—9/11 veterans and wish to seek support services from VA. Such services are available to eligible caregivers through the newly implemented Family Caregiver Program which was established by Public Law 111-163, the “Caregivers and Veterans Omnibus Health Services Act 2010.”

The VA Family Caregiver Program was created to provide support for primary family caregivers of veterans or service members from the Iraq and Afghanistan wars. Veterans and their family caregivers must apply to participate in the program, and both veterans and caregivers must meet all VA eligibility requirements in order to receive services. Additionally, if a veteran is not enrolled in the VA health-care system, he or she will need to apply for health care enrollment when completing the Family Caregiver Program application.

The services available to eligible caregivers include a stipend, mental health services, access to health care coverage, and caregiver training. Although post—9/11 veterans are the primary recipients of the Family Caregiver Program, all caregivers of veterans can access other VA services for respite care, caregiver education and training, and support groups through their local medical center.

To assist veterans and their families with obtaining information on this new program and application for caregiver services, VA has Caregiver Support Coordinators at all medical centers. PVA’s legislative staff will continue to follow the implementation of the Family Caregiver Program and provide feedback to Congress and VA as the program develops. Additional information about the program’s eligibility criteria and the application process is available at www.caregiver.va.gov.

SUBCOMMITTEE ON HEALTH HOLDS HEARING ON PROGRESS OF THE FEDERAL RECOVERY COORDINATOR PROGRAM

On May 13, the House Committee on Veterans’ Affairs, Subcommittee on Health held a hearing on the Federal Recovery Coordinator Program (FRCP) entitled, “From Concept to Reality.” The purpose of the hearing was to assess the progress and challenges of the FRCP and identify potential ways in which the program can be improved in order to fulfill its mission. PVA provided a statement for the record.

The FRCP was created as a joint program between the Department of Veterans Affairs (VA) and the Department of Defense (DOD) to provide severely injured, ill, or wounded veterans and service members with individualized assistance obtaining health care and benefits. The FRCP was also designed to help veterans and their family members manage rehabilitation and reintegration into civilian life after a disability. Through the program, veterans and service members are assigned a Federal Recovery Coordinator (FRC) and create a Federal Individual Recovery Plan that consists of long-term goals for the veteran and his or her family members.

Currently, FRCs are located at VA medical centers in Houston, Texas; Providence, Rhode Island; and Tampa, Florida. While many changes have taken place to further develop and enhance the services of the FRCP, PVA believes that more work must be done in order for the program to adequately meet the needs of veterans. Specifically, PVA’s testimony discussed the need for VA, DOD, and Congress to continue working together to address program challenges in the areas of continuity of care, care coordination, and program awareness. PVA also encouraged VA to partner with PVA, and other veteran service organizations, to identify veterans who may benefit from FRC services and to help educate veterans and their families on the FRCP.

PVA’s legislative staff will continue to monitor the progress of the FRCP to ensure that it fulfills the purpose for which it was created—to provide guidance to veterans and service members who have sustained a catastrophic injury or disability so that they are able to make informed decisions involving their health care and benefits, and focus on their recovery and future endeavors.

HOUSE VA SUBCOMMITTEE ON DISABILITY ASSISTANCE AND MEMORIAL AFFAIRS CONDUCTS LEGISLATIVE HEARING

On May 3, the House Veterans’ Affairs Subcommittee on Disability Assistance and Memorial Affairs conducted a hearing to consider legislation regarding Arlington National Cemetery, the Department of Veterans Affairs (VA), claims and appeals process, and the Veterans’ Compensation Cost-of-Living Adjustment Act (COLA). Representative Jon Runyan, (R-NJ) serves as Chairman of the Subcommittee and Representative Jerry McNerney (D-CA) serves as Ranking Minority Member.

In a statement for the record PVA supported H.R. 811, the “Providing Military Honors for our Nation’s Heroes Act.” This bill would authorize the Secretary of Veterans Affairs (VA) to reimburse a member of a veterans’ service organization or other organization approved by the Secretary for transportation and other appropriate expenses incurred in connection with the voluntary provision of a funeral honors detail at the funeral of a veteran when family members or the funeral home request the honors.

Additionally, PVA and other VSOs support H.R. 1407, the “Veterans’ Compensation Cost-of-Living Adjustment Act of 2011.” This bill would increase the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation (DIC) for the survivors of certain disabled veterans. Unfortunately, for the past two years, there has been no increase in the rates for compensation and DIC because the Social Security index used to measure the cost-of-living adjustment did not increase. However, many disabled veterans and their families who rely heavily or solely on VA disability compensation or DIC as their only means of income have struggled during these difficult times. As inflation continues to rise, it is imperative that they receive a COLA.

H.R. 1441 would codify the prohibition against reserving gravesites at Arlington National Cemetery prior to the death of an eligible veteran. Additionally, this bill would prohibit the assignment of more than one gravesite to a veteran or member of the Armed Forces eligible for interment at a national cemetery and their eligible family members. PVA does not oppose passage of this legislation.

PVA strongly supports H.R. 1484, the “Veterans Appeals Improvement Act of 2011,” which seeks to improve the appeal process. Section 2 of the bill would allow a claimant to submit new or supplemental evidence in support of a case for which a substantive appeal has been filed, directly to the Board of Veterans’ Appeals and not to the VA Regional Office of jurisdiction. This provision does, however, preserve the claimant’s right to request VA Regional Office consideration of the new or supplemental evidence should they prefer that option.

H.R. 1627 seeks to clarify the statute regarding the requirements for placement of markers or monuments in Arlington National Cemetery. The bill would codify specific requirements related to the type, purpose and designated areas for emplacement of monuments, as well as the authorization or approval process and sponsoring individuals or organizations required. PVA does not oppose passage of this legislation.

PVA supports H.R. 1647, the “Veterans’ Choice in Filing Act of 2011.” This legislation would authorize a 24-month pilot program to allow veterans served by certain poor performing VA regional offices the option to submit a claim for benefits at any regional office of their choice. Under the proposal, five regional offices would participate in the pilot based upon criteria to be established by the VA Secretary. Upon completion of the pilot program, the Secretary would be required to send a final report to Congress containing recommendations about the future allocation of resources amongst VA regional offices. This bill is intended to serve as a catalyst to improve and/or reorganize poor performing VA regional offices through a sense of competition.

Of the bills introduced, three—H.R. 1407, H.R. 1484, and H.R. 1627—were reported to the Full Committee in a mark up on May 5th and will be considered by the full committee. PVA will continue to monitor the activity on this legislation.

SUBCOMMITTEE ON ECONOMIC OPPORTUNITY HOLDS HEARING ON PROPOSED LEGISLATION

On May 3, the House Committee on Veterans’ Affairs, Subcommittee on Economic Opportunity held a hearing to discuss several new bills introduced in the 112th Congress. Representative Marlin Stutzman (R-IN) serves as Chairman of the Subcommittee and Representative Bruce Braley (D-IA) serves as the Ranking Minority Member. The Subcommittee subsequently marked up and approved the bills on May 5, 2011. “These bills are fiscally responsible, meet the needs of our veterans, and are supported by both sides of the aisle,” stated Chairman Stutzman. Although PVA did not testify at the hearing, we did submit a statement for the record.

Included in the hearing and markup was H.R. 1383, the “Restoring GI Bill Fairness Act of 2011,” introduced by Representative Jeff Miller (FL), Chairman of the House Committee on Veterans’ Affairs. PVA does not support H.R. 1383 as it is currently introduced. We support the concept of H.R. 1383 that will temporally preserve higher rates for tuition and fees for programs of education at non-public institutions of higher learning. However, PVA opposes Section 3 of H.R. 1383. This section will limit the cost of living increases of the monthly stipends for veterans who rely on this funding to support themselves and their families while they prepare for a career. With the cost of fuel rising each month, which effects the cost of living, PVA believes the GI Bill’s monthly stipend must be adjusted each year to help these veterans remain in school.

PVA supports H.R. 1657, which calls for enforcement penalties for misrepresentation of a business concern as a small business owned and controlled by veterans or, owned and controlled by service-disabled veterans. PVA also supports H.R. 802, a bill to direct the Secretary of Veterans Affairs to establish a VetStar Award Program to recognize businesses that exceed established goals in hiring veterans.

Iraq combat veteran and PVA member, Andrew Connolly from Dubuque, Iowa, was invited to testify for the May 3 hearing by Ranking Member Braley. He spoke in favor of H.R. 1671, the “Andrew Connolly Veterans’ Housing Act.” Connolly had many months of difficulty and delay using the adaptive housing grant after his diagnosis of a tumor in his spinal cord. With the support of Congressman Braley, he eventually gained access to the housing grant. H.R. 1671 would extend the specially adapted housing assistance to individuals residing temporarily in housing owned by a family member for five years. PVA supports the extension of this benefit.

All four bills were voted out of the Subcommittee on May 5 and will soon be addressed by the Full Committee on Veterans’ Affairs.

COMPLETE STREETS LEGISLATION IN HOUSE

On May 5, Representatives Doris Matsui (D-CA) and Steven LaTourette (R-OH) introduced the “Safe and Complete Streets Act of 2011” (H.R. 1780). H.R. 1780 would help ensure safe travel for millions of Americans by directing states and regions to adopt policies to provide for the needs of all users of public transportation and public rights of way, including people with disabilities.

The bill is based on successful state and local policies that require every road project to create a safer environment. A federal provision would lead to policies in every state and every Metropolitan Planning Organization that will transform transportation planning practices to routinely provide for everyone using the roadway – whether they are walking, pushing a wheelchair, using canes or crutches, have sensory impairments, bicycling, driving, or catching the bus or train. It will likely be folded into the federal transportation authorization bill.

Complete Streets policies require accessible crosswalks with sufficient time to cross, curbcuts, safe, even and wide sidewalks, accessible bus stops, etc. Twenty-three states and more than 200 regional and local jurisdictions have adopted Complete Streets policies to date.

H.R. 1780 was referred to the House Committee on Environment and Public Works. A Senate version of the bill is expected soon.

Complete Streets Policy Analysis 2010: A Story of Growing Strength (http://www.completestreets.org/webdocs/resources/cs-policyanalysis.pdf.)

SOCIAL SECURITY WEBINARS ON MAY 19 AND JUNE 1

The Consortium for Citizens with Disabilities [CCD] Social Security Task Force is sponsoring two Social Security webinars on May 19 and June 1.

The webinar on May 19 is a basic "Social Security 101" course to help participants understand the importance of Social Security to people with disabilities. It will take place from 1 to 3 pm EDT. To register follow this link. Space is limited. Reserve your May 19 webinar seat now at: https://www3.gotomeeting.com/register/560244470

This webinar will explain the basics of the social insurance safety net that is created by the Social Security retirement, disability, and survivors programs. The webinar will include information on the current design of the programs, how the programs are funded, how workers are covered by paying into the system, and how benefits help people with disabilities, retired workers, their families and their survivors. This webinar will also outline the general and most-discussed options for reforming Social Security to ensure its long-term solvency and maintaining benefit adequacy. It will also provide some basic principles through which reform proposals can be evaluated.

The webinar on June 1 will also be broadcast from 1 to 3 pm EDT and builds on the first webinar. It will explain the specific reforms that have been proposed by organizations/commissions and those contained in bills introduced by Members of Congress. It will explain their likely effects on the solvency of the Social Security trust funds. A primary focus of the webinar will be to examine the impact of these proposed changes on benefits received by program beneficiaries, specifically, how the proposals, if implemented, would affect people with disabilities, the elderly, and families who rely on the Social Security safety net. It will also provide information on the response of the national disability advocacy community to the reform proposals.

To reserve your webinar seat now for June 1 go to: https://www3.gotomeeting.com/register/594886950

Space is limited so please register now.
After registering you will receive a confirmation email containing information about joining the webinar.

A toll free number is available if you cannot participate without it. Please listen through your computer or use the number provided in the confirmation email you will receive if you can. Email Lisa Ekman at lekman1@yahoo.com if your organization cannot participate without a toll free number.

JUSTICE DEPARTMENT REACHES ADA SETTLEMENT ON ACCESSIBLE LAW SCHOOL APPLICATIONS

In late April, the U.S. Department of Justice reached agreement with Atlanta’s John Marshall Law School and the Law School Admission Council (LSAC) regarding accessibility of its online application service. The online process, which is widely used by many law schools, was not accessible to individuals who are blind and use a screen reader. As a result of these agreements, LSAC’s online application service will modify its software and train its personnel, and enable each law schools to insert specific features using the accessible software.

DOJ SIGNS AGREEMENT WITH INDEPENDENCE, KANSAS

On April 28, the Justice Department reached an agreement with the city of Independence, Kansas through its Project Civic Access program. This agreement is the 189th under the initiative. According to census data, the city population is 9,846, and 23 percent of Independence residents have a disability.

Under the agreement, within three years, Independence will:

• Make physical modifications to facilities so that parking, routes into the buildings, entrances, service areas and counters, restrooms, public telephones and drinking fountains are accessible to people with disabilities;
• Survey other facilities and programs and make modifications wherever necessary to achieve full compliance with ADA requirements;
• Ensure that buildings and outdoor facilities built by or for the city comply with the ADA’s architectural requirements;
• Publish a notice to inform members of the public of the provisions of Title II and their applicability to the city’s programs, services and activities;
• Begin the modifications to ensure equal, integrated access to emergency management for individuals with disabilities, including emergency preparedness, notification, evacuation, sheltering, response, clean up and recovery;
• Install signs at any inaccessible entrance directing individuals with disabilities to an accessible entrance; and Implement a plan to improve the accessibility of city sidewalks and provide for the installation of accessible curb ramps throughout the city.

This settlement can be found at: http://www.ada.gov/independence_ks/independenceks_sa.htm

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