Thank you, Chairman Filner. While we celebrated Independence Day this month, many Americans were unaware that immediately after the Continental Congress signed the Declaration of Independence, it ratified the Military Pension Law of 1776…
Thank you, Chairman Filner.
While we celebrated Independence Day this month, many Americans were unaware that immediately after the Continental Congress signed the Declaration of Independence, it ratified the Military Pension Law of 1776 thereby creating the first Federal disability compensation program.
There should be no doubt that the United States has a proud tradition of providing benefits and services to our current population of 24 million veterans, more than 2.7 million of whom receive compensation from the Department of Veterans Affairs, a department full of committed, well-intended, and skilled people who nonetheless are struggling with our current situation. The VA is in dire need of change, and it is time to modernize the disability claims system.
I would like to thank Representatives Joe Donnelly of Indiana, Phil Hare of Illinois, Zack Space of Ohio, and Jerry McNerney of California and subcommittee Ranking Member Doug Lamborn of Colorado for contributing to this bill. They, too, have recognized the problems in a system that had a backlog of more than 838,000 claims in 2007, and that unbelievable backlog is projected to surpass 1 million claims in 2009.
This escalating backlog means that far too many veterans and survivors wait for months, years, or decades for their claims to be adjudicated. This is a national disgrace and violates our contract with every person who serves in our Armed Forces.
In my own district, I see time and again the tragic human toll of these egregious delays. A World War II Navy veteran from Westchester County, Ken MacDonald, tried since 1947 to receive compensation for injuries he suffered not once, but twice on ships that were sunk out from under him. Only last year, 60 years later, with the help of our office, was his claim approved. He received over $100,000 in back pay and a pension for the rest of his life--but think of the decades he suffered, the opportunities he lost.
We have thousands of veterans coming home injured from Iraq and Afghanistan. We have Vietnam veterans whose claims have never been fully resolved. It is a disgrace for our Nation to allow them to suffer and face financial hardship and health care problems when the VA should process and accept their legitimate claims promptly.
Families suffer also. In June, a news story broke of Wayne Kirtley, a 54-year-old veteran who was misdiagnosed twice by the VA, resulting in his premature death. When he filed a claim against the VA, it was denied. Eight months later, the veteran died while his appeal was pending. Under current law, the claim dies with the veteran. Kirtley was worried about his wife, Helen, and wanted to ensure that she would be taken care of with VA benefits. But that has not yet happened. H.R. 5892 would allow Helen to continue her husband's claim with the VA and submit additional evidence which she currently cannot do.
Recent commissions and task forces, the Veterans' Disability Benefits Commission, the Commission on the Care for America's Returning Wounded Warriors, and the Government Accountability Office have documented problems at the VBA. Over the last 18 months, my subcommittee has held extensive hearings in Washington and in Goshen, New York, to hear the testimony of veterans themselves and of the Veterans Service Organizations.
I have incorporated many of their suggestions into H.R. 5892. The bill proposes to overhaul the VA disability benefit system so that veterans and survivors can receive the benefits they have earned easily and quickly. Here is what the bill will change:
In today's VA, a veteran's claim is often held up until every medical condition is evaluated, the average wait being over 6 months. Under this bill, a severe, undisputed injury, such as a lost leg or arm, will be compensated
immediately. Lesser injuries that take more time to evaluate will be handled separately. Today's VA claims processing system is labor- intensive and paper-based with the loss of paper files being a major cause of delays. This bill brings the VA into the 21st century by requiring the use of modern information technology.
The VA also relies on outdated medical concepts and on an archaic rating schedule. This bill updates the definitions of diseases and disorders to bring them in line with current medical knowledge, and it takes a comprehensive approach to disability ratings, including factors such as the loss of quality of life and of future earnings capacity.
It is hard to believe, but today, when a veteran dies while his or her claim is being considered, the surviving wife or child has to start all over again at square one even if that claim has been stuck in the backlog for years. This bill allows the spouse or child to step into the shoes of the veteran while the claim continues, saving them months or years of frustration and of waiting.
This bill recognizes the rights and needs of family members by establishing a new unit called the Survivors Office. The VA has always proclaimed as part of its mission caring for the widows and for the orphans of veterans, but it has never had an office specifically focused on them.
Finally, another title of the bill deals with the United States Court of Appeals for veterans' claims. My hope is that we can eliminate the hamster wheel effect that bounces veterans back and forth between different levels of the appeals process, reducing today's unacceptable backlog of cases.
A nimble, quick, responsive VA claims system could go a long way to helping our Nation live up to its commitment to care for wounded veterans and their families. It could help prevent suicides, bankruptcies, poverty, family disruptions, and homelessness among our Nation's disabled veterans.
We can and must change the way Washington handles the claims of our injured veterans. We must give them easier access to the benefits they have earned and end forever the adversarial, inefficient and frustrating claims process they are now forced to endure. I believe H.R. 5892 puts the VA on a new course for the 21st century, giving them the resources and new approaches to make better, faster decisions, to achieve more accurate ratings and to treat all veterans and their families fairly and with respect. I urge all of your support.