Veterans Benefits Blog

On June 6, 2011, Sen. Richard Blumenthal (D-Conn.) introduced a bill which specifically requires VA to have a doctor of chiropractic staff at all of its major facilities by 2014. The bill was co-sponsored by Sen. Charles Grassley (R-IA), Sen. Thomas Harkin (D-IA), Sen. Jerry Moran (R-KS), Sen. Jon Tester (D-MT), and Sen. Sheldon Whitehouse (D-RI).

Currently, chiropractic care is only available at a few VA facilities across the country, and many major metropolitan areas are currently without doctors of chiropractic care. If enacted this legislation would presumably allow all veterans to have access to chiropractic care at any VA facility and would also allow VA to have more treatment providers on hand to assist veterans that suffer from musculoskeletal disabilities. This could potentially increase the number of veterans who seek treatment from a chiropractor and possibly reduce the length of time veterans with musculoskeletal disabilities wait for treatment.

Without this bill, further expansion of chiropractic care to VA facilities would be on a case-by-case basis and would probably experience significant delays.

The text of the legislation may be found at http://www.opencongress.org/bill/112-s1147/text.

Nancy L Foti FAQs, Veterans Benefits Legislation, veterans health care Veterans Benefits Legislation, veterans health care, Veterans legislation

On May 5, 2011, a bill was introduced in the U.S. Senate to provide a cost-of-living adjustment in the benefits paid to those receiving disability compensation, compensation for dependents, clothing allowances, dependency and indemnity compensation benefits, and dependency and indemnity compensation benefits for children.

U.S. Senator Patty Murray of Washington, the chairperson of the Senate Committee on Veterans’ Affairs, and every member of the Committee co-sponsored the legislation.

If enacted, this legislation would not establish a set amount paid. Rather, the amount paid would be increased based on increases in the Consumer Price Index, which is the leading indicator of cost of living in America. That is, if the cost of living in America increases by 3% then VA compensation benefits will be increased by 3% automatically. The payment rates would be calculated yearly, rounded down to the nearest whole dollar. Any increases in compensation would be based on the rates in effect on November 30, 2011.

The bill would remove from the political process adjustments in compensation paid to veterans and their dependents and guarantee an adjustment in compensation that keeps pace with the cost of living.

The text of the legislation may be found at http://thomas.loc.gov/cgi-bin/query/z?c112:S.894: .

Todd M Wesche Veterans Benefits Claims, Veterans Benefits Legislation Veterans Benefits Claims, Veterans Benefits Legislation, Veterans legislation

The Senate Veterans’ Affairs Committee chairwoman is set to introduce on Wednesday, May 11, 2011, a bill that would require separating service members to attend the Transition Assistance Program, more frequently known amongst service members and veterans as “TAPs.” As it stands today, the TAPs class is a voluntary program meant to assist service members in achieving employment post military service. The course currently offers guidance in resumé writing, job-search techniques and interview preparation for departing Enlisted and Officer service men and women.

TAPs is available to all departing service members, discharged other than dishonorably. Unfortunately, most service members are unaware of this opportunity. Sen. Patty Murray, D-Wash., is proposing to make the program mandatory. It appears the “Hiring Heroes” bill would maintain the same TAPs course format; there is no indication that the chairwoman is seeking any changes to what is offered. A substantial change to the program in general, however, is the government involvement in follow up.

Sen. Murray is critical of the government’s lack of assistance once service men and women separate from active duty. While the TAPs program is a step in the right direction, there is no follow up to continue to assist the veteran. It is important to note that there are programs available to assist veterans in obtaining employment after they have separated, if they ask for assistance. But again, according to Sen. Murray, many veterans are unaware of these services. The Hiring Heroes bill would require the government to contact veterans and notify them of these services while following up on their progress.

Additional programs would be available for disabled veterans as well, providing an additional 24 months of vocational rehabilitation and employment services, if the bill is passed.

To find out more information about the proposed bill, visit: http://murray.senate.gov/public/index.cfm?a=Files.Serve&File_id=0ea542fe-c8c9-4d9a-ae4d-bc67ffa0f909To find out more information about current Vocational Rehabilitation and Employment services, visit: http://www.vba.va.gov/bln/vre/

Jessica Mast Flage Education Benefits, FAQs FAQs, Veterans Benefits Legislation, Veterans legislation

Recently, the U.S. House of Representatives passed a budget amendment that, if enacted into law, would essentially invoke a seven-month moratorium on payment of all legal fees by the government to those who successfully litigate a matter against it. Such payments are currently authorized under the Equal Access to Justice Act (EAJA).

In 1980, Congress established EAJA in response to its concern that people may be deterred from seeking review of, or defending against, unreasonable governmental action because of the expense involved in suing the government to vindicate their rights. Congress expressly made payment of legal fees under the EAJA available to veterans and their dependents who hire private attorneys to represent them at the U.S. Court of Appeals for Veterans Claims and if they win the case against the government in that court.

If the budget amendment becomes law, EAJA fees would be temporarily suspended. Because there does not appear to be a distinction between those people who would be affected by the broad moratorium, veterans and their dependents would likely suffer because attorneys rely on reimbursement of reasonable attorney fees under EAJA in order to provide low or no cost services. If the attorneys are not awarded attorney fees in successful appeals, it is unlikely that they would agree to represent veterans and their dependents before the court. This will negatively affect those who have been unfairly denied benefits by VA and need the expertise of an attorney skilled in the area of veteran’s benefits law to litigate the matter at the Court.

To see the EAJA deliberations, check out http://www.scribd.com/doc/49535676/EAJA-Deliberations

David J Lowenstein Veterans Benefits Claims, Veterans Benefits Legislation Veterans Benefits Claims, veterans disability benefits, Veterans Disability claims, Veterans legislation

President Obama is scheduled to sign the Caregivers and Veterans Omnibus Health Services Act of 2010 today, May 5, 2010.

The law addresses a number of issues related to veterans’ health care, including assistance to family caregivers of disabled veterans, expanded health care services for women veterans, greater outreach to rural veterans, and enhancements to VA medical services.

For additional information about the bill, including the full text and a summary, visit http://www.govtrack.us/congress/bill.xpd?bill=s111-1963.

Sandra W Wischow Veterans Benefits Claims, veterans health care veterans disability benefits, veterans health care, Veterans legislation

Senate Bill 407, the Veterans Compensation Cost-of-Living Adjustment Act of 2009 has passed both houses of Congress, and was presented to President Obama on June 25, 2009.

The bill would provide an increase in compensation rates for service connected disabilities and for Dependency and Compensation benefits. If signed into law, the increase in compensation will be the same as the Social Security cost of living increase, or about 5.8%, rounded down to the lower whole dollar amount. The increase would take effect on December 1, 2009.

The complete text of the bill can be found here:

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:s407es.txt.pdf

Sandra W Wischow Veterans Benefits Claims Disability compensation, Veterans Benefits Claims, Veterans legislation