Kelley's thoughts

Congressman Filner Bill Announcements for Veterans

(personal comments at the bottom)





NEWS FROM…

CHAIRMAN BOB FILNER

HOUSE COMMITTEE ON VETERANS’ AFFAIRS


FOR IMMEDIATE RELEASE: April 30, 2008

Contact Kristal DeKleer at (202) 225-9756

http://veterans.house.gov


House Veterans’ Affairs Committee Approves Landmark Bills

Washington, D.C. – Today, the House Veterans’ Affairs Committee led by Chairman Bob Filner (D-CA), approved fourteen bills to improve services and benefits provided for America’s veterans at the Department of Veterans’ Affairs. “Caring for veterans is an ongoing cost of war and the measures passed today will have an impact on our veterans and their dependents,” said Chairman Filner. “I would like to thank the Subcommittee Chairs and the Ranking Members for their hard work and strong bipartisan leadership in crafting these bills that we have passed today.”



Five of the bills passed today address the health care needs of veterans, including a bill to authorize major medical facility projects and leases for Fiscal Year 2009.



1. H.R. 2790, as amended - To amend title 38, United States Code, to establish the position of Director of Physician Assistant Services within the office of the Under Secretary of Veterans Affairs for Health.



2. H.R. 3819 - To amend title 38, United States Code, to require the Secretary of Veterans Affairs to reimburse veterans receiving emergency treatment in non-Department of Veterans Affairs facilities for such treatment until such veterans are transferred to Department facilities, and for other purposes.



3. H.R. 5729 - To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide comprehensive health care to children of Vietnam veterans born with Spina Bifida, and for other purposes. (Passed with amendment)

4. H.R. 5554, as amended - To amend title 38, United States Code, to expand and improve health care services available to veterans from the Department of Veterans Affairs for substance use disorders, and for other purposes.



5. H.R. 5856 – To authorize major medical facility projects and major medical facility leases for the Department of Veterans Affairs for fiscal year 2009, and for other purposes.

The Committee took great strides to improve readjustment services and benefits for troops and veterans with the passage of seven bills. The Committee approved legislation to improve the VA home loan program, including H.R. 4883 and H.R. 4884, both introduced by Bob Filner (D-CA), Chairman of the House Committee on Veterans Affairs. H.R. 4883 would prohibit foreclosure of property owned by a service member for one year following a period of military service. H.R. 4884, the Helping Our Veterans to Keep Their Homes Act of 2008, would increase the maximum home loan guarantee amount and reduce the home loan funding fees for veterans. The Committee also approved H.R. 5684, a bill to improve veterans’ educational benefits for active duty troops. The author of the bill, Congresswoman Herseth Sandlin, accepted an amendment to also include educational benefit increases for members of the National Guard and Reserve.



6. H.R. 3681 - To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to advertise in the national media to promote awareness of benefits under laws administered by the Secretary. (Passed with amendments)



7. H.R. 3889, as amended – To amend title 38, United States Code, to require the Secretary of Veterans Affairs to conduct a longitudinal study of the vocational rehabilitation programs administered by the Secretary. (Passed with amendment)



8. H.R. 4883 – To amend the Servicemembers Civil Relief Act to provide for a limitation on the sale, foreclosure, or seizure of property owned by a service member during the one-year period following the service member’s period of military service. (Passed with amendment)



9. H.R. 4884, as amended – To amend title 38, United States Code, to make certain improvements in the home loan guaranty programs administered by the Secretary of Veterans Affairs, and for other purposes. (Passed with amendment)



10. H.R. 4889, as amended – To amend title 38, United States Code, to recodify as part of that title chapter 1607 of title 10, United States Code.



11. H.R. 5664, as amended – To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to update at least once every six years the plans and specifications for specially adapted housing furnished to veterans by the Secretary.



12. H.R. 5684, as amended – To amend title 38, United States Code, to make certain improvements in the basic educational assistance program administered by the Secretary of Veterans Affairs, and for other purposes. (Passed with amendments)



The final two bills approved by the Committee would provide a cost-of-living adjustment for service-connected disability compensation rates and would modernize the disability claims processing system at the VA.



13. H.R. 5826 – To increase, effective as of December 1, 2008, the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of certain service-connected disabled veterans, and for other purposes.



14. H.R. 5892 - To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to modernize the disability benefits claims processing system of the Department of Veterans Affairs to ensure the accurate and timely delivery of compensation to veterans and their families and survivors, and for other purposes.



“This Committee continues to take bold action to keep the promises that have been made to our veterans,” said Chairman Filner. “I thank my colleagues for their persistent efforts to make positive differences in the lives of our veterans.”



Comments:



While this seems to be a good start on many of the issues I discussed with Congressman Filner and other congressmen and has been the focus of many our discussions and attempts to rectify the mindless power of Veterans Affairs and the lack of transparency on presumptive disorder associations rules and protocols, if there is any established in writing that is by the VA/IOM connection; (prior to that it was the VACEH/VA connection) it does not go far enough on many fronts. Legal fronts those legal implications which Veterans and Widows are subjected that no other segment of society is negatively affected by those rules as victims or stakeholders. The Veterans Community does not fall under the same legal rules of evidence as the rest of the citizenship from either VA or IOM, or one could conclude even from our own congress.



Once again, leaving open interpretations as to what congress really wants that Veterans Affairs can interpret any way it wants is not going to work; as VA will be less than honorable in trying to accomplish those undefined and non-mandated Congressional goals.



For example on Number 2



2. H.R. 3819 - To amend title 38, United States Code, to require the Secretary of Veterans Affairs to reimburse veterans receiving emergency treatment in non-Department of Veterans Affairs facilities for such treatment until such veterans are transferred to Department facilities, and for other purposes.



This has been on the books forever that during an emergency the Veteran can go to the nearest hospital and Veterans Affairs will reimburse the hospital or Veteran. However, Veterans Affairs in the past has argued for sometimes years that there was no emergency. Now since they were not there and cannot read the mind of the Veteran or family; I do not know how they argue the point but they do and the VA clerks just deny deny deny. Deny to the point the Veterans home is attached by the treating hospital and assets seized. Of course, for the illegal in this nation, this is not allowed. Does not make much sense now does it.



This new statement by congress means nothing and is certainly not new unless there are mandated requirements in; maximum time to resolve the issue, evidence and/or statements needed in support, or other such defined criteria that Veterans Affairs must accept and then the minimum time limit Veterans Affairs has to pay the bill. Such as within 60 days…the treating hospital and/or the Veterans Family SHALL be reimbursed.



Congress has sooner or later got to realize unless they are specific, Veterans Affairs will operate on behalf of the Executive Branch just as they have in the past. In other words, do not assume integrity when there is none.



I wonder what ever happened to the Senate VAC spouting off they were going to allow Veterans to go to any hospital rather just the VA and see who the Veterans would pick with the Senate advertised "most Veterans prefer VA care to other care down the street from their homes." I would bet that after they found out that only 20% of Veterans actually use the VA Health Care they kind of changed their minds. Although I have written articles and suggested that while VA free health care was at one time only unique to our segment it is no longer unique to our nation with probably 10 times that amount getting free health care wherever and whenever they choose.



And there are many other financial issues that could be addressed as to the cost savings and supporting rural communities with one federal buck creating two bangs.



In other words, this entire VA Medical system other than a few specific areas, may have had its day in history.



Then we have Number 6.



6. H.R. 3681 - To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to advertise in the national media to promote awareness of benefits under laws administered by the Secretary. (Passed with amendments)



This is one issue I have argued vehemently based on my experience with not only my Battalion Members, Marines located in the same area but also the friends I grew up with in my hometown that also served in our war; one Marine with two battlefield promotions. These warriors had no idea of the presumptive disorders that had affected them for decades or that they were even allowed to go to VA Medical Centers. Why? Because there had been no Veterans Affairs outreach programs at the national level to inform these warriors of the mortality and morbidity disorders created by DoD. Of course, we know the reasons why.



My suggestions had been, given the so-called support of the national print and broadcast media, that as a very minimum twice a year (Memorial Day and Veterans Day) the media should with financial support from VA at least run the banner ads across the bottom all day on informing the Veterans and/or their widows the benefits and/or presumptive disorders. When VA was asked what outreach they had their comment was, "they inform the VSO’s."



I go back to my point on VSO’s. When did VSO’s become the mouthpiece for all Veterans and the sole distributor of Veterans Affairs information? In fact, their membership may represent 1/10th of all Veterans and less than that on Widows who have Service Connected Benefits and legal rights. Yet, time and time again VSO’s testify with their own agenda’s and not necessarily, what is important to all Veterans and/or Widows. Veterans and Widows do not get to testify, so congress hears most of what it wants to hear.



Moreover, yes both VA and Congress love the fact that there are so many VSO’s that keep everyone divided rather than one organized unit that will speak loudly and not just whisper in protest as if their gonads are cut off; as not to offend the VA or Congress.



I am thinking of starting my own VSO that will be exclusive blonde blue eyed Veterans that must have neuropathy and have been wounded only in the stomach area. Then one of you can create another one for Marines only that are dark hair and dark eyes with neuropathy....... and so forth. Ridiculous? You bet it is but that is about what we have now. Beer, Barbeque, Bingo, Bank Accounts are more important.



Now what I found missing in these new HR Bills is once again unless specific measurable requirements are mandated then these will be put in the trash can by VA no different than many of the others that congress has concluded are the wishes for Veterans by Congress; at least on advertised face value (more for votes than real action).



Missing again, which would be very simple to demand for the Nations Veterans and Widows is the definition of when the Veteran dies his or her claim dies with him. This definition not only promotes the incessant stalling and denying with intended bias by VA. By default makes the Veterans family subsidize the government with their own resources from wounds created by our own government.



It should be mandated, since there are no complex medical decisions to be made and only verifying three data points and in many cases according to VA’s own rules the level of compensation is automatic, that these claims be approved within 60 days followed by funds deposited via electronic transfer no later than 30 days later. This process should not take 6 to 18 months leaving the Veteran and his or her family footing the disability created bills while in some cases, the Veteran expires before the stalled approval and then our government reaps the benefits of that unpaid earned compensation to be used for folks that have done nothing for the nation other than breath the free air provided by the now uncompensated deceased Veteran.



It should also be mandated that Veterans Affairs given a Veterans case that includes a spouse and/or a soon to be Widow and/or minor children that VA cannot dismiss the case based on the passing of the Veteran which puts the now widow back at the longest line when it should have been decided with the original case since there are benefits in perpetuity that apply to those decisions. In fact, the widow’s case should continue automatically and the monies now stalled for months or even years should be paid to the widow from the time the original case was submitted. After that time line the widow should then be entitled to survivor DIC benefits.



This just might stop the stalling as the Executive Branch and its VA puppets would no longer have motive to stall these claims until the Veteran succumbs.



Do not punish our dying Veterans and their Widows because of poor VA performance that is inexcusable and unjustifiable, which many would conclude is “as ordered and nothing but SOP.”



It should also be ordered by Congress that those Veterans with Stage Four mortality disorders caused by our own government and listed in the presumptive disorders, which is extremely lacking due to bias, lack of transparency at to what is required by VA/IOM…these claims shall be resolved at 100% with financial support to the family in no less than 30 days. Work out the details later.



Moreover, no you do not need two years of training to do this at VA level. Comparing and then verifying three data points, should take "days" not years!!!!!!! Bring in some part time help if needed. I recall some churches had even volunteered to help in this venue... free of charge.



I still say without direct specific measurable criteria of what constitutes a presumptive disorder by congress, Veterans and their families are going to languish and die with no support from VA/IOM. It has never happened before in the previous Veteran Issues such as Nuclear, LSD, Edgewood, SHAD, and I would conclude it is not going to happen for the Herbicide Veterans or the Gulf War Veterans.



Only after Congress admits that in these issues there is little integrity in the Executive Branch, White House, Bureau of Budget, DoD, VA/IOM, chemical companies, even some members of the CDC, EPA, our own congress, and certainly the government funded studies done by the major players (which we now know are useless and only used as government/VA/IOM denial tools), etc and then establishes the real measurable requirements that it wants for Veterans. Only then will we and our Widows achieve some sort of legal resolution that approximates the legal constitutional rights afforded to all citizens except those that have served in the military and actually did something to earn and protect those legal rights for all.



Certainly there is much more to get done in immune system disorders as well as all site cancers and the issues of cellular damages and mitochondrial DNA level.





Kelley

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