June 2010
Caregiver Legislation Signed Into Law
President Obama signed Public Law
111-163, the Caregivers and Veterans
Omnibus Health Services Act on May 5,
2010. The public signing ceremony was
attended by representatives of veterans
service, military and family
organizations. Among those present was
Deputy National Legislative Director
Ilem, who represented DAV.
Several years ago, we began to see an
increasing number of severely injured
veterans returning home from the wars in
Iraq and Afghanistan. As advances in
medicine allowed more of the severely
injured to be medically rescued on the
battlefield, VA had to confront the
issue of how to provide a lifetime of
care for these young heroes returning
home with polytrauma, severe traumatic
brain injury, multiple amputations and a
host of post-deployment health issues
that VA had not confronted before.
After acute hospitalization, most family
members want to care for their loved
ones in the home, even if they are
severely injured. Caregivers
shouldering this burden are often unable
to maintain full-time employment,
limiting their income and ability to
obtain health insurance. Caregivers who
do remain employed often give up
opportunities for career advancement to
care for their injured family members,
while their employers sustain millions
of dollars in losses related to employee
absence and decreased productivity.
Because of these challenges, the DAV
worked with other veterans and military
and family service organizations to
bring about the introduction and passage
of the Caregivers and Veterans Omnibus
Health Services Act of 2010. This
precedent-setting legislation
established a number of critical new
programs to address DAV's highest
priority legislative goals over the past
several years identified through our
Stand Up for Veterans campaign.
To help meet the hardships associated
with lengthy recovery and rehabilitation
periods, this legislation authorizes the
Department of Veterans Affairs (VA) to
create an array of supportive services
for family caregivers of disabled
veterans from all eras of military
service, including providing education
on how to be a better caregiver in the
home, counseling and mental health
services, and providing more flexible
periods of respite care so that these
veterans can avoid long-term
institutionalization. The law also
provides a monthly financial stipend,
CHAMPVA health care and additional
benefits to financially burdened family
members providing care at home to the
most severely wounded and disabled Iraq
and Afghanistan veterans.
This comprehensive legislation also
expands and improves health care access
and services for the nation's 1.8
million women veterans. We want to
recognize DAV's grassroots efforts that
helped ensure that women veterans, who
have played an increasingly essential
role in all of our military service
branches including the National Guard,
Air National Guard, and Reserve forces,
receive quality, timely and
gender-appropriate health care
services. While it is our
responsibility to ensure that all
veterans receive the benefits they
deserve, we believe it is important to
recognize the extraordinary
contributions and unique challenges
women veterans face in today's military
and when they return home. This
important legislation will for the first
time allow VA to cover the costs for up
to seven days of post-natal care for
newborn infants of women veterans
receiving maternity services at VA's
expense and-to eliminate barriers for
veterans accessing intensive health and
mental health services-it authorizes VA
to establish a child care pilot
program.
The bill also includes provisions that:
- Expand the VA's authority to provide
recruitment and retention incentives so
that VA can recruit high-quality health
care providers.
- Increase the oversight of care
purchased in the community by mandating
financial incentives for providers who
maintain high-quality standards.
- Expand the VA's telemedicine
program, and its ability to collaborate
with the Indian Health Service and
community organizations to provide
medical services, including mental
health care, in rural communities.
- Remove barriers to emergency care
and care for the catastrophically
disabled by:
- Eliminating copayments for
veterans who are catastrophically
disabled.
- Enhancing the VA's ability to
reimburse veterans for emergency
care received at non-VA facilities
in certain circumstances.
The House of Representatives approved
the bill by a vote of 419 to 0 on April
21, 2010. On April 22, 2010, the Senate
gave final approval to S. 1963, the
Caregivers and Veterans Omnibus Health
Services Act. The legislation, some
sections of which were first proposed
over two years ago, has been strongly
backed by DAV and other veterans
organizations.
The legislation forges a new paradigm of
long-term care for severely wounded
service personnel and veterans-one that
acknowledges and fully supports the
vital role of the family caregiver in
any successful rehabilitation plan and
marks another significant legislative
victory for sick and disabled veterans
and their families, and for DAV.
Status of Fiscal Year 2011 VA Budget
As of June 2010, the budget
and appropriations process is basically
stalled in Congress. No action
whatsoever has been taken by Congress on
the budget and there has been no
movement by the Appropriations
Committee. See the April 2010 bulletin
for full budget details.
DAV will continue to follow
these developments to ensure that the
needs of sick and disabled veterans are
fully met across all VA's appropriations
accounts, and we will submit future
reports to reflect the progress of the
FY 2011 funding of the VA.
DAV Legislative Staff Active at Hearings
On May 6, 2010, Assistant
National Legislative Director John L.
Wilson testified before the House
Veterans' Affairs Subcommittee on
Disability Assistance and Memorial
Affairs on the Veterans Benefits
Administration's work credit and work
management systems.
On May 19, 2010, Mr. Wilson
submitted testimony for the record at
the Senate Veterans' Affairs Committee
hearing concerning 19 pending measures.
On May 20, 2010, Deputy
National Legislative Director Joy J.
Ilem testified before a joint hearing of
the House Veterans' Affairs
Subcommittees on Health and Disability
Assistance and Memorial Affairs
concerning collaboration between the VA
and the Department of Defense (DoD) to
address health care services and
disability compensation issues related
to military sexual trauma.
On June 15, 2010, I
testified before the House Veterans'
Affairs Subcommittee on Disability
Assistance and Memorial Affairs on the
state of the Veterans Benefits
Administration (VBA). My testimony
focused on the VBA's largest and most
significant program: veterans
disability compensation.
Claims Process Reform
For disabled veterans, receiving a
timely and proper disability rating is
the gateway to all of the VBA benefits
to which they are entitled. As such,
the problems that have plagued and
continue to plague VBA in efficiently
administering this program have
correctly received the most attention
from Congress and VSOs in recent years.
The June 15 hearing was the sixth
Subcommittee hearing this year examining
VBA's claims processing system.
A core mission of VBA is the provision
of benefits to relieve the economic
effects of injury, disease, or
disability upon veterans and their
families. For those benefits to
effectively fulfill their intended
purpose, VBA must promptly deliver them
to veterans. The ability of disabled
veterans to provide for themselves and
their families often depends on these
benefits. While awaiting action by VBA,
they and their families often suffer
hardships and protracted delays can lead
to deprivation, bankruptcies, and
homelessness. Disability benefits are
critical, and providing for disabled
veterans should always be a top priority
of the government.
The VA Secretary has vowed to reduce the
backlog of claims pending. While that
goal is admirable, DAV testified that to
truly reform and transform the system,
VBA must remain focused on the
underlying problems causing the backlog:
specifically, a lack of quality,
accuracy and consistency in how VBA
develops and adjudicates claims for
benefits.
For these reasons, DAV has been working
with a growing coalition of veterans and
military organizations to build
consensus on how best to reform the
claims processing system, not just
reduce the backlog. One of our first
goals is redefining success from
"Reducing the Backlog" to "Getting It
Done Right the First Time." We are
confident that a system focused on
quality, accuracy and consistency first,
if properly built upon a modern IT
infrastructure with optimized business
processes, will lead to faster
processing times and a lasting reduction
and elimination of the backlog as a
result.
DAV will remain vigilant to
see reform proposals for the VBA
enacted.
Conclusion
To ensure the successful enactment of
veterans' legislation, our DAV and
Auxiliary members must be active members
of DAV's grassroots - DAV Commander's
Action Network (CAN) - and we all must
do our part to let our elected officials
know about our support for legislation
that helps to build better lives for our
nation's service-disabled veterans,
their families, and survivors. Thank you
for your continued support.