RESOLUTION NO. 001
DISABLED AMERICAN VETERANS STATEMENT OF POLICY
The Disabled American Veterans was founded on the principle that this nation’s first duty to veterans is the rehabilitation and welfare of its wartime disabled. This principle envisions:
- High quality hospital and medical care provided by the Department of Veterans Affairs (VA) for veterans with disabilities incurred in or aggravated by service in America’s armed forces.
- Adequate compensation for the loss resulting from such service-connected disabilities.
- Vocational rehabilitation and/or education to help the disabled veteran prepare for and obtain gainful employment.
- Enhanced opportunities for employment and preferential job placement so that the remaining ability of the disabled veteran is used productively.
- Adequate compensation to the surviving spouses and dependents of veterans whose deaths are held to be service-connected under laws administered by the Department of Veterans Affairs (VA).
- Enhanced outreach to ensure that all disabled veterans receive all benefits they have earned and that the American people understand and respect the needs these veterans encounter as a result of their disabilities.
It, therefore, follows that we will not take action on any resolution that proposes legislation designed to provide benefits for veterans, their surviving spouses and dependents, which are based upon other than wartime service-connected disability.
We shall not oppose legislation beneficial to those veterans not classified as service-connected disabled, except when it is evident that such legislation will jeopardize benefits for service-connected disabled veterans.
While our first duty as an organization is to assist the service-connected disabled, their surviving spouses and dependents, we shall within the limits of our resources assist others in filing, perfecting and prosecuting their claims for benefits.
Since this represents the principle upon which our organization was founded and since it is as sound at this time as it was in 1920, we hereby reaffirm this principle as the policy for the Disabled American Veterans.
RESOLUTION NO. 004
PROVIDE A 10-YEAR PROTECTION PERIOD FOR SERVICE-CONNECTED DISABILITY EVALUATIONS
WHEREAS, section 110 of title 38, United States Code, now provides for the protection of all disability compensation evaluations that have been continuously in effect for 20 or more years; and
WHEREAS, permanency should be conceded for disability compensation ratings which have been in effect for 10 years without change in evaluation with no further examination scheduled; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, supports amendment of section 110 of title 38, United States Code, to provide that disability evaluations continuously in effect at the same evaluation rate be protected after a period of 10 years.
RESOLUTION NO. 005
OPPOSE ANY PROPOSAL THAT WOULD OFFSET PAYMENTS OF SOCIAL SECURITY DISABILITY INSURANCE BENEFITS, OR ANY OTHER FEDERAL BENEFIT, BY DEPARTMENT OF VETERANS AFFAIRS (VA) COMPENSATION
WHEREAS, consideration has been given to proposing an offset of Social Security Disability Insurance Benefits by payments of any other Federal benefit; and
WHEREAS, the adoption of such a measure would reduce the overall income provided to those service-connected veterans who have a compensable disability and who also suffer a permanent and total disability for purposes of Disability Insurance Benefits from the Social Security Administration; and
WHEREAS, such an offset would work a grave and undue hardship on all totally disabled service-connected veterans and their families by drastically reducing their total income; and
WHEREAS, benefits received from the Department of Veterans Affairs (VA) or under military retirement pay and other Federal programs have differing eligibility criteria as compared with the earned payments of Social Security Disability Insurance Benefits; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, opposes any measure which proposes to offset the payment of any other Federal benefit or earned benefit entitlement by VA compensation payments made to service-connected disabled veterans.
RESOLUTION NO. 006
OPPOSE LUMP-SUM PAYMENTS FOR SERVICE-CONNECTED DISABILITIES
WHEREAS, disability compensation is paid monthly to an eligible veteran on account of and at a rate commensurate with diminished earning capacity resulting from the effects of service-connected disease or injury; and
WHEREAS, such compensation, by design, continues to provide relief from the service-connected disability for as long as the veteran continues to suffer its effects at a compensable level; and
WHEREAS, by law, the rate of compensation is determined by the level of disability present, thereby requiring reevaluation of the disability upon a change in its degree; and
WHEREAS, various entities have suggested lump-sum payments as a way for the Government to avoid the administrative costs of reevaluating service-connected disabilities and as a way to avoid future liabilities to service-connected disabled veterans when their disabilities worsen or cause secondary disabilities; and
WHEREAS, such lump-sum payments would not, on the whole, be in the best interests of disabled veterans but would be for Government savings and convenience; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, opposes any change in law to provide for lump-sum payments of VA disability compensation.
RESOLUTION NO. 007
OPPOSE SUBJECTING COMPENSATION TO MEANS TESTING
WHEREAS, the citizens of our Nation have heretofore honorably recognized their indebtedness to those who sacrificed in the service of their country by providing compensation as restitution for the personal injuries or diseases suffered in such service; and
WHEREAS, a disabled veteran is rightfully entitled to restitution for the effects of service-connected disability during its continuation, without regard to good fortune or income of the veteran or spouse from sources wholly independent of the Government’s obligations to the veteran; and
WHEREAS, it is fundamentally unfair for the Government to seek to disclaim its obligation to disabled veterans or their survivors merely because of the receipt of other, unrelated income; and
WHEREAS, notwithstanding the special status of disability and dependency and indemnity compensation, there are efforts to reduce or eliminate them where the veteran or spouse, or survivor has other income; and
WHEREAS, this degrades compensation by providing it to the extent of the veteran’s or survivor’s economic needs rather than as a measure of restitution equal to personal losses, thereby disassociating compensation from that which merits it and associating it with factors which govern purely gratuitous and welfare benefits; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, opposes any scheme to means test disability and death compensation.
RESOLUTION NO. 008
OPPOSE REDUCTION, TAXATION, OR ELIMINATION OF VETERANS’ BENEFITS
WHEREAS, veterans’ benefits are earned benefits paid to veterans and their families for their service to the Nation; and
WHEREAS, veterans’ benefits are part of a covenant between our Nation and its defenders; and
WHEREAS, certain government leaders have continued to attack veterans’ benefits in an attempt to tax those benefits, reduce them, or eliminate them completely; and
WHEREAS, these attacks recur with regularity and serious intent; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, vigorously opposes reduction, taxation, or elimination of veterans’ benefits.
RESOLUTION NO. 009
EXPAND PRISONER-OF-WAR PRESUMPTIONS
WHEREAS, former prisoners-of-war (POWs) suffered cruel and inhumane treatment, together with nutritional deprivation at the hands of their captors, which resulted in long-term adverse health effects; and
WHEREAS, POWs were subjected to numerous and varying forms of abuse dependent upon the place, time, and circumstance of their captivity by the enemy; and
WHEREAS, for this reason, former POWs suffer from a wide range of physical and psychological maladies; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, supports legislation which would add those medical conditions which are characteristically associated with or can be reasonably attributed to the POW experience as presumptive disorders for former POWs; AND
BE IT FURTHER RESOLVED that the Disabled American Veterans urges passage of legislation that would expand eligibility for Dependency and Indemnity Compensation to surviving spouses of certain former POWs, who died prior to September 30, 1999, and who were rated totally disabled at the time of death for a service-connected disability for a period of not less than one year.
RESOLUTION NO. 010
SUPPORT OPEN-ENDED PRESUMPTIVE PERIOD FOR UNDIAGNOSED ILLNESSES FOR GULF WAR VETERANS
WHEREAS, thousands of Gulf War veterans still suffer from chronic unexplained physical symptoms; and
WHEREAS, the numerous symptoms experienced by sick Gulf War veterans are not well understood and the causes of such symptoms remain elusive and answers could likely remain evasive for some time; and
WHEREAS, there currently is little significant research on long-term health effects of many of the agents Gulf War veterans were potentially exposed to during the Gulf War; and
WHEREAS, additional research into the long-term health effects of exposures is needed, a fact confirmed in a September 2000 report by the Institute of Medicine on the health effects of exposures during the Gulf War; and
WHEREAS, the presumptive period for undiagnosed illnesses was extended until September 30, 2011; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, urges that legislation be enacted to extend the presumptive period for service connection for ill-defined and undiagnosed illnesses indefinitely.
RESOLUTION NO. 011
SUPPORT LEGISLATION TO ALLOW ALL VETERANS TO RECOVER AMOUNTS WITHHELD AS TAX ON DISABILITY SEVERANCE PAY
WHEREAS, money received as a result of personal injury or disability is not taxable; and
WHEREAS, disability severance pay is paid to a military member as a result of injury or disease suffered during military service; and
WHEREAS, the Internal Revenue Service (IRS) has, and continues to, tax military disability severance pay as regular income; and
WHEREAS, a United States District Court has held that military disability severance pay is nontaxable income; and
WHEREAS, the IRS has acquiesced in the District Court holding; and
WHEREAS, the three-year statute of limitations prevents veterans who have been discharged for more than three years from recovering the nontaxable money withheld by the IRS; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, strongly supports legislation which would allow all veterans to recover nontaxable income withheld from their disability severance pay, notwithstanding the three-year statute of limitations which would otherwise prevent such recovery.
RESOLUTION NO. 012
SUPPORT LEGISLATION TO REPEAL THE PROHIBITION AGAINST SERVICE CONNECTION FOR SMOKING-RELATED ILLNESSES
WHEREAS, until recently, smoking of tobacco was an activity fully accepted by society and not only condoned but encouraged and subsidized by the Armed Forces; and
WHEREAS, because the Armed Forces and the military environment encouraged smoking among servicemembers, higher percentages of veterans smoke or have a history of smoking than the general population; and
WHEREAS, the Government rejects the tobacco companies’ defense that responsibility for the health effects of smoking is with the individual who personally chose to smoke but relies on that same excuse to prohibit compensation for service-incurred smoking-related illnesses in veterans; and
WHEREAS, the Government has imposed a dual standard against veterans because it has not sought to hold other Federal beneficiaries personally responsible and prohibited benefits for smoking-related illnesses; and
WHEREAS, Congress conveniently seized upon the personal choice-personal responsibility excuse and enacted the prohibition against service connection for smoking-related illnesses solely to finance over-budget spending on politically popular transportation programs and not because of any genuine public policy considerations; and
WHEREAS, for all the foregoing reasons, the enactment of this prohibition was an extreme injustice against America’s disabled veterans; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, supports legislation to repeal the prohibition of service connection for smoking-related illnesses.
RESOLUTION NO. 013
SUPPORT A CHANGE IN REGULATORY REQUIREMENTS UNDER SECTION 4.30 OF TITLE 38, CODE OF FEDERAL REGULATIONS TO PROVIDE FOR A TEMPORARY TOTAL RATING FOR INCAPACITATION OF MORE THAN 21 DAYS
WHEREAS, with advances in modern medicine and increasing emphasis on more efficient use of health care resources, health care providers are being encouraged to utilize suitable alternatives to inpatient care; and
WHEREAS, as a consequence, veterans are often treated through home health services or convalesce at home rather than in the hospital; and
WHEREAS, convalescent ratings are currently only authorized where inpatient or outpatient treatment resulted in surgery or immobilization of a major joint by cast; and
WHEREAS, there are instances where the veteran’s treatment did not involve surgery or casting of a major joint, but the veteran has undergone healing, convalescence, or a therapeutic course in the home, with a duration of more than 21 days; and
WHEREAS, exacerbation of a service-connected disability sometimes makes work activities contraindicated for periods of more than 21 days; and
WHEREAS, in such instances, the therapeutic course, convalescence, or restriction from work would occur in the home in lieu of hospitalization for more than 21 days; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, supports a change in section 4.30 of title 38, Code of Federal Regulations, to provide for a temporary total rating if treatment or exacerbation of a service-connected disability results in a condition of temporary total incapacity for employment or temporary unavailability for employment by reason of home health care or ambulatory care, bed rest or confinement to the home, or contraindication of work activities for more than 21 days.
RESOLUTION NO. 052
SUPPORT LEGISLATION TO REMOVE THE PROHIBITION AGAINST CONCURRENT RECEIPT OF MILITARY RETIRED PAY AND VETERANS’ DISABILITY COMPENSATION FOR ALL LONGEVITY RETIRED VETERANS
WHEREAS, current law provides that service connected veterans rated less than 50% who retire from the Armed Forces on length of service may not receive disability compensation from the Department of Veterans Affairs (VA) in addition to full military retired pay; and
WHEREAS, these disabled veterans must therefore surrender retired pay in an amount equal to the disability compensation they receive; and
WHEREAS, this offset is extremely unfair to veterans who have served faithfully in military careers inasmuch as these veterans have earned their retired pay by virtue of their long service to the Nation and wholly apart from disabilities due to military service; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans at the National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, supports legislation to repeal the offset between military longevity retired pay and VA disability compensation.
RESOLUTION NO. 053
INCREASE DISABILITY COMPENSATION
WHEREAS, it is the historical policy of the Disabled American Veterans that this Nation’s first duty to veterans is to provide for the rehabilitation of its wartime disabled; and
WHEREAS, the percentage ratings for service-connected disabilities represent, as far as can be practicably determined, the average impairment in earning capacity resulting from such disabilities in civil occupations; and
WHEREAS, compensation increases should be based primarily on the loss of earning capacity; and
WHEREAS, disabled veterans who are unable to work because of service connected disabilities should be entitled to compensation payments commensurate with the after-tax earning of their able-bodied contemporaries; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, supports the enactment of legislation to provide a realistic increase in Department of Veterans Affairs (VA) compensation rates to bring the standard of living of disabled veterans in line with that which they would have enjoyed had they not suffered their service-connected disabilities.
RESOLUTION NO. 054
SUPPORT LEGISLATION AUTHORIZING THE PRESUMPTION OF SERVICE CONNECTION FOR ALL RADIOGENIC DISEASES
WHEREAS, members of the United States Armed Services have participated in test detonation of nuclear devices and served in Hiroshima or Nagasaki, Japan, following the detonation of nuclear bombs; and
WHEREAS, the United States Government knew or should have known of the potential harm to the health and well-being of these military members; and
WHEREAS, atomic veterans served their country with honor, courage, and devotion to duty; and
WHEREAS, remedial legislation passed by Congress in 1984 has not been effective in ensuring that all atomic veterans are compensated for their radiogenic diseases; and
WHEREAS, by the Department of Veterans Affairs’ (VA) own admission, approximately 50 claimants have obtained disability compensation or dependency and indemnity compensation pursuant to Public Law 98-542; and
WHEREAS, the Government has spent tens of millions of dollars to provide dose reconstruction estimates which do not accurately reflect actual radiation dose exposure; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, supports legislation to provide presumptive service connection to atomic veterans for all recognized radiogenic diseases.
RESOLUTION NO. 055
SUPPORT LEGISLATION PROVIDING THAT SPECIAL SEPARATION BENEFITS PAYMENTS NOT BE WITHHELD FROM DEPARTMENT OF VETERANS AFFAIRS (VA) DISABILITY COMPENSATION PAYMENTS
WHEREAS, as a result of the downsizing of our military forces, many career military personnel have left service prior to becoming eligible for longevity retirement pay; and
WHEREAS, these individuals are entitled to separation pay; and
WHEREAS, many of these individuals also become eligible for Department of Veterans Affairs (VA) disability compensation; and
WHEREAS, VA General Counsel, in an opinion rendered on June 22, 1992, held that any monies received as a result of the Special Separation Benefit (SSB) must be recouped from any VA disability compensation payment; and
WHEREAS, SSB payments are in no way related to a disability; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, supports legislation to clarify that SSB payments are not disability payments and therefore should not be recouped from VA disability compensation payments.
RESOLUTION NO. 056
OPPOSE ANY CHANGE THAT WOULD REDEFINE SERVICE-CONNECTED DISABILITY OR RESTRICT THE CONDITIONS OR CIRCUMSTANCES UNDER WHICH IT MAY BE ESTABLISHED
WHEREAS, current law authorizes service connection for disabilities incurred or aggravated during service in the United States Armed Forces in the line of duty; and
WHEREAS, various proposals have been made to limit service connection to disabilities caused directly by the performance of duty; and
WHEREAS, disability incurred in the line of duty is sometimes not directly due to a job injury but may be due to less obvious factors attributable to the Armed Forces environment; and
WHEREAS, proof of a causal relationship may often be difficult or impossible notwithstanding an inability to disassociate the disability from service-related factors; and
WHEREAS, current law equitably alleviates the onerous burden of establishing performance of duty or other causal connection as a prerequisite for service connection; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, opposes changes in current law so as to redefine or restrict service connection.
RESOLUTION NO. 061
OPPOSE ANY RECOMMENDATIONS BY ANY COMMISSION TO REDUCE OR ELIMINATE BENEFITS FOR DISABLED VETERANS
WHEREAS, American citizens owe their freedoms and way of life to disabled veterans who made extraordinary personal sacrifices and who suffer lifelong disabilities as a consequence; and
WHEREAS, those who serve in our Armed Forces stand ready to endure any hardships and expose themselves to any hazards on behalf of their country and our citizens, and
WHEREAS, our Government did not hesitate in asking them to give life or limb if necessary, and
WHEREAS, our elected officials surely should not renege on our reciprocal obligation when our disabled veterans ask for so comparatively little in return; and
WHEREAS, we, as a Nation, have no more important indebtedness nor greater moral obligation than the indebtedness and obligation we have to disabled veterans; and
WHEREAS, some elected officials nonetheless prefer to denigrate the suffering of disabled veterans, conveniently ignore this debt, and shirk this national responsibility; and
WHEREAS, after a failed unconscionable plan to radically change the standards for service connection that would have greatly restricted compensation for disabled veterans, the House Armed Services Committee included provisions for the Veterans’ Disability Benefits Commission in the annual defense authorization bill for 2004; and
WHEREAS, the law dictates that the Commission pursue a negative agenda, requiring it to question, for example, the appropriateness of the standards for service connection of veterans’ disabilities and the appropriateness of the disability rating schedule of the Department of Veterans Affairs (VA); and
WHEREAS, the Commission is therefore charged with probing the very heart and underlying foundation of the compensation program to determine if it can find some fault with the wisdom or moral justification for compensating veterans disabled in the service of their country; and
WHEREAS, such a shameful effort on the part of legislators to find ways to avoid compensating disabled veterans, especially in time of war, is unprecedented; and
WHEREAS, our Government continues to establish other commissions to review veterans benefits and entitlements in an effort to balance the budget; and
WHEREAS, honorable and great nations of conscience do not abandon their wounded warriors; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, remind our elected officials of our undebatable responsibility to fairly and fully compensate veterans for all the effects of disabilities incurred or aggravated in the line of duty as provided in the equitable standards of current law and regulations; AND
BE IT FURTHER RESOLVED that the Disabled American Veterans vigorously opposes any recommendations made for the purpose of reducing, adding limitations on, or eliminating benefits for service-connected disabled veterans or their families.
RESOLUTION NO. 062
INCREASE THE GRANT FOR AUTOMOBILES OR OTHER CONVEYANCES AVAILABLE TO CERTAIN DISABLED VETERANS AND PROVIDE FOR AUTOMATIC ANNUAL ADJUSTMENTS BASED ON THE INCREASE IN THE COST OF LIVING
WHEREAS, the Department of Veterans Affairs (VA) provides a grant to assist eligible disabled veterans and servicemembers in purchasing specially equipped automobiles or other conveyances; and
WHEREAS, when originally established, the amount of the grant was set at an amount sufficient to cover the full cost of lower-priced automobiles; and
WHEREAS, later amendments established grants in amounts representing 80 percent of the average cost of automobiles; and
WHEREAS, the amount of the automobile allowance has not been adjusted regularly concurrent with increases in the costs of automobiles, resulting in substantial erosion of the value of the benefit due to inflation; and
WHEREAS, the current grant of $11,000 represents only about 39 percent of the total average cost of automobiles based on most current available pricing; and
WHEREAS, the automobile grant must be adjusted annually if it is to keep pace with the rise in the cost of living and remain a meaningful amount; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to increase the automobile grant to an amount representing 80 percent of the average cost of new automobiles; AND
BE IT FURTHER RESOLVED that this legislation should provide for automatic annual adjustments in this allowance based on the increase in the cost of living.
RESOLUTION NO. 063
AMEND PROVISIONS REGARDING ELIGIBILITY FOR AUTOMOBILE ADAPTIVE EQUIPMENT TO INCLUDE ANY VETERAN WHOSE SERVICE-CONNECTED DISABILITY INHIBITS HIS/HER ABILITY TO SAFELY OPERATE A MOTOR VEHICLE
WHEREAS, section 3902 of title 38, United States Code, and section 17.119(a) of title 38, Code of Federal Regulations, restrict the eligibility for adaptive equipment to those veterans who qualify for the automobile grant as specified in section 3901 of title 38, United States Code; and
WHEREAS, not all veterans whose service-connected disabilities prohibit the safe operation of a motor vehicle meet the requirements of section 3901 of title 38, United States Code; and
WHEREAS, these service-connected disabled veterans should be provided the adaptive equipment necessary to safely operate a motor vehicle; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports the enactment of legislation that would authorize the Department of Veterans Affairs (VA) to provide or assist in providing the adaptive equipment deemed necessary to any veteran whose service-connected disability interferes with the safe operation of a motor vehicle.
RESOLUTION NO. 064
SUPPORT LEGISLATION TO REMOVE THE PROHIBITION AGAINST CONCURRENT RECEIPT OF SURVIVOR BENEFIT PLAN PAYMENTS AND DEATH INDEMNITY COMPENSATION
WHEREAS, the Survivor Benefit Plan (SBP) payments are payments of an insurance annuity and the retired military member pays premiums for this coverage; and
WHEREAS, Death Indemnity Compensation (DIC) is paid to the surviving spouse of a service member, retiree or veteran who dies of a service-connected condition; and
WHEREAS, these two programs are unrelated to each other; and
WHEREAS, under current law SBP payments are reduced, by the amount of DIC received; and
WHEREAS, this offset is extremely unfair to the approximately 61,000 spouses whose service member faithfully paid premiums in anticipation of a fair annuity based on premium payment; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, support legislation to repeal the offset between Survivor Benefit Plan annuity payments and DIC Compensation Payments
RESOLUTION NO. 100
OPPOSE THE PERMANENT ROUNDING DOWN OF COST-OF-LIVING ADJUSTMENTS IN VETERANS’ BENEFITS
WHEREAS, to maintain the worth of veterans’ benefits, they must be adjusted to keep pace with the rise in the cost of living; and
WHEREAS, permanently rounding down the adjusted rates to the next lower dollar amount will erode the value of these benefits over time and thus not keep pace with the rise in the cost of living; and
WHEREAS, permanently rounding down veterans’ cost-of-living adjustments unfairly targets veterans for convenient cost savings for the Government; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, opposes permanent rounding down of cost-of-living adjustments for veterans’ benefits.
RESOLUTION NO. 134
REDUCE THE TEN-YEAR RULE FOR DEPENDENCY AND INDEMNITY COMPENSATION
WHEREAS, title 38, United States Code, Section 1318 (b) (1) provides Dependent & Indemnity Compensation (DIC) benefits for survivors of certain veterans noted totally disabled for ten or some years; and
WHEREAS, the financial status of the surviving spouse is compromised due to the care required by the totally disabled veteran and provided by the surviving spouse; and
WHEREAS, the surviving spouse, acting as care-giver for the veteran, most in many case limit or give up her career, or put his or her career on hold; and
WHEREAS, it is inherently unfair that the surviving spouse should have this additional burden placed on her for 10 years or more before he or she can qualify for DIC when this veterans passes; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, support legislation to reduce this ten-year rule for DIC qualification to a more reasonable period of time.
RESOLUTION NO. 149
SUPPORT LEGISLATION TO CLARIFY THAT SERVICE IN THE REPUBLIC OF VIETNAM FOR PURPOSES OF BENEFITS BASED ON EXPOSURE TO HERBICIDES INCLUDES SERVICE IN THE WATERS OFFSHORE
WHEREAS, over the decade from 1961 to 1971, our military forces sprayed approximately 21 million gallons of herbicide agents in Vietnam; and
WHEREAS, these herbicide agents, the most common of which was designated “Agent Orange,” contained the contaminant dioxin, one of the most toxic substances known to humankind; and
WHEREAS, the dispersion and deposition of, and human exposure to, dioxins were not limited to areas directly sprayed, inasmuch as it is acknowledged that the chemical was carried away from the areas of application by canals, rivers, and streams, and that airborne particulates were carried by wind drift; and
WHEREAS, Congress has therefore provided that, for purposes of establishing or presuming service connection for a disability or death as related to herbicide exposure, a veteran who, during active military, naval, or air service, “served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to [a] herbicide agent . . . unless there is affirmative evidence to establish that the veteran was not exposed to any such agent” during that service; and
WHEREAS, the Department of Veterans Affairs (VA) has arbitrarily interpreted “served in the Republic of Vietnam” to mean only service on land areas of Vietnam and not waters offshore within its national boundaries; and
WHEREAS, the exclusion of territorial seas or waters from the term “Republic of Vietnam” is contrary to the plain and unqualified language of the law and illogical insofar as its premise is that herbicides could be carried away from the area of application across any expanse of land but not equal or lesser expanses of water; and
WHEREAS, various illnesses have been linked to and are presumed due to exposure to these herbicide agents; and
WHEREAS, veterans who served on ships no more distant from the spraying of these herbicides than many who served on land are arbitrarily and unjustly denied benefits of the presumption of exposure and thereby the presumption of service connection for their herbicide-related disabilities; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to expressly provide that the phrase “served in the Republic of Vietnam” includes service in the waters offshore.
RESOLUTION NO. 150
SEEK LEGISLATION TO EXCLUDE VETERANS’ DISABILITY COMPENSATION FROM COUNTABLE INCOME FOR PURPOSES OF ELIGIBILITY TO BENEFITS AND SERVICES UNDER OTHER GOVERNMENT PROGRAMS
WHEREAS, by virtue of their service and sacrifices, disabled veterans deserve special benefits that are separate and in addition to benefits the government provides to other citizens; and
WHEREAS, compensation for the effects of service-connected disabilities is counted as income in determinations of eligibility for other government benefits and programs, such as low-income housing through the Department of Housing and Urban Development; and
WHEREAS, the value of compensation is negated and its purposes are defeated when a veteran’s receipt of compensation is used to reduce or deny entitlement to government benefits or services available to other citizens; and
WHEREAS, when a veteran’s compensation is offset against other entitlements, it is in effect deducted from the programs generally available to other citizens, and the veteran really receives nothing additional for his or her disability and is thus not compensated; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, seeks legislation to exclude veterans’ disability compensation from countable income for purposes of entitlement to benefits or services under other government programs.
RESOLUTION NO. 152
PROVIDE A TEMPORARY TOTAL RATING FOR THE PERIOD THAT AN AMPUTEE HAS A NEW PROSTHETIC DEVICE CONSTRUCTED
WHEREAS, it takes four to six weeks to manufacture a prosthetic device; and
WHEREAS, many employers will not accept an amputee back on the job without his or her artificial limb; and
WHEREAS, the veteran who does not have an artificial limb is incapacitated and unable to perform gainful employment; and
WHEREAS, the Department of Veterans Affairs (VA) Schedule for Rating Disabilities does not contain any provision to provide this temporary total rating; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to amend the 1945 VA Schedule for Rating Disabilities to provide a temporary total rating for the period involving the replacement of a prosthetic device.
RESOLUTION NO. 162
COMPENSATE PERSIAN GULF WAR VETERANS SUFFERING FROM ILLNESSES CIRCUMSTANTIALLY LINKED TO THEIR SERVICE IN THE PERSIAN GULF WAR
WHEREAS, the Disabled American Veterans has a significant concern regarding the multitude of ailments reported by a growing number of Persian Gulf War veterans who were exposed to both identified and unknown health hazards; and
WHEREAS, Persian Gulf War veterans were exposed to numerous and various environmental health hazards, including smoke from oil field fires and other petroleum agents, depleted uranium, chemical and biological elements, desert parasites, vaccines, chemoprophylactic agents, and vehicle paints; and
WHEREAS, primary investigations and multifarious studies have thus far failed to identify the source or sources of these ailments; and
WHEREAS, the scientific/medical community’s inability to identify the source(s) and pathological nature of the disease has caused considerable anxiety for these veterans and their families; and
WHEREAS, there appears to be a commonality of ailments plaguing Persian Gulf War veterans; and
WHEREAS, these ailments have been unofficially labeled “Persian Gulf Syndrome,” “Multiple Chemical Sensitivity,” and “Chronic Fatigue Syndrome”; and
WHEREAS, these brave veterans suffering from these unknown ailments are often prevented from providing for their own basic needs and for the needs of their families; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, vigorously supports the Department of Veterans Affairs’ (VA’s) expeditious handling of Persian Gulf War veterans’ claims and the payment of fair and just compensation for those diagnosed and undiagnosed conditions associated with their service in the Persian Gulf theater or related exposure to certain chemical, biological, and environmental toxins; AND
BE IT FURTHER RESOLVED that we strongly urge that these Persian Gulf War veterans continue to receive priority medical treatment for those ailments that may be associated with their service in the Persian Gulf; AND
BE IT FURTHER RESOLVED that we vehemently urge VA, the Department of Defense, and the Department of Health and Human Services to continue to cooperate in tests and studies to unlock the mysteries surrounding the ailments suffered by Persian Gulf War veterans, including the possibility of exposure to chemical agents by U.S. military personnel.
RESOLUTION NO. 163
SUPPORT AMENDMENT OF TITLE 38, CODE OF FEDERAL REGULATIONS, SECTION 4.130, SCHEDULE OF RATINGS, TO FORMULATE DIFFERENT CRITERIA TO EVALUATE THE VARIOUS MENTAL DISORDERS UNDER THE APPROPRIATE PSYCHIATRIC DISORDER
WHEREAS, under title 38, Code of Federal Regulations, Section 4.130, the criteria for evaluating mental disorder is very ambiguous; and
WHEREAS, schizophrenia and other psychotic disorders, delirium, dementia, and amnestic and other cognitive disorders, anxiety disorders, dissociative disorders, somatoform disorders, mood disorders, and chronic adjustment disorders, are all evaluated using the same general rating formula for mental disorders; and
WHEREAS, the Diagnostic and Statistical Manual for Mental Disorders (DSM IV) specifically lists different symptoms for posttraumatic stress disorder, schizophrenia, and other psychiatric disorders; and
WHEREAS, one veteran service connected for schizophrenia and another veteran service connected for another psychiatric disorder should not be evaluated using the same general formula; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports amendment of title 38, Code of Federal Regulations, section 4.130 to formulate different criteria to evaluate the various mental disorders under the appropriate psychiatric disorder.
RESOLUTION NO. 164
SUPPORT PRESUMPTION OF EXPOSURE TO STRESSORS FOR VETERANS WHO SERVED IN A WAR ZONE AND WHO SUFFER FROM POSTTRAUMATIC STRESS DISORDER
WHEREAS, exposure to an extreme traumatic stressor, such as those particularly common to military combat, may cause a specific anxiety disorder with characteristic symptoms and re-experiencing of the traumatic event, classified under diagnostic nomenclature as post-traumatic stress disorder (PTSD); and
WHEREAS, onset of symptoms of PTSD may be delayed for months or years after exposure to the stressor with initial diagnosis of the illness post-service, in which case the Department of Veterans Affairs (VA) rule governing service connection requires that service causation be demonstrated through evidence of exposure to the responsible stressor during service; and
WHEREAS, the event in which a veteran was exposed to a traumatic stressor may not have been documented at the time, may not have been witnessed by others, or may not be substantiated because witnesses are unavailable in times remote from the event; and
WHEREAS, adducing proof of exposure may therefore very well be impossible for many veterans exposed to stressors under circumstances in which such stressors had become virtually a routine occurrence of everyday life in a war zone; and
WHEREAS, through presumptions of fact, Congress and VA have waived usual requirements of proof under such circumstances because equitable treatment of veterans suffering from disabilities caused by military service outweighs such requirements; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, urges adoption of a presumption of exposure to a traumatic stressor during service for purposes of service connection in the case of a veteran who served in a war zone and suffers from PTSD.
RESOLUTION NO. 165
RESTORE PROTECTIONS AGAINST UNWARRANTED AWARDS OF VETERANS’ BENEFITS TO THIRD PARTIES IN DIVORCE ACTIONS
WHEREAS, disability compensation and other veterans’ benefits were intended and should be provided solely to fill specific needs of veterans; and
WHEREAS, Congress intended to exempt veterans’ benefits from the claims of third parties to ensure that such benefits were not voluntarily assigned or through legal processes diverted to purposes or persons other than for which they were intended; and
WHEREAS, for purposes of support payments in divorce actions, state courts and the Supreme Court of the United States have arbitrarily created exceptions to the protection for veterans’ benefits Congress established in section 5301 of title 38, United States Code, thereby forcing veterans to surrender their benefits to third parties, contrary to the intent of Congress; and
WHEREAS, the courts show little understanding or appreciation for the principle that veterans’ entitlements are awarded solely to veterans because of their personal sacrifices, contributions in the defense of our Nation, or consequent personal suffering associated with service-connected disabilities and for that reason should not inure or vest to the benefit of others who have no natural right or valid legal interest in such benefits; and
WHEREAS, courts have, for example, shown no hesitation to force disabled veterans to surrender their disability compensation and sole source of sustenance to able-bodied ex-spouses as alimony awards; and
WHEREAS, there is a lack of uniformity in how the various courts treat veterans’ benefits in divorce actions because the courts act according to their own will rather than any consensus on the meaning and intent of the law; and
WHEREAS, this situation creates a need for Congress to intervene to override the effect of the law given by the courts; to restore meaning, equity, and uniformity to the law; and to reinstate safeguards against veterans’ benefits being siphoned into the pockets of persons who have no right to such benefits; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to amend section 5301 of title 38, United States Code, to restore protections against unwarranted awards of veterans’ benefits to third parties by prohibiting courts from directly ordering payment of such benefits to third parties, other than dependent children when justified by the circumstances, and by prohibiting courts from taking notice, or the inclusion of, amounts received as veterans’ benefits in determining such awards.
RESOLUTION NO. 065
OPPOSE THE IMPOSITION OF TIME LIMITS FOR FILING COMPENSATION CLAIMS
WHEREAS, veterans suffer lifelong impairments from disabilities incurred in connection with military service; and
WHEREAS, compensation is a benefit available to service-connected veterans at any time they choose to claim it; and
WHEREAS, veterans who, for whatever reason, do not initially desire to claim and receive compensation should not forfeit the right to claim and receive it at some later time; and
WHEREAS, no reason other than defeating delayed claims exists for imposition of a statute of limitations on compensation claims; and
WHEREAS, the Veterans’ Claims Adjudication Commission, created by Congress to study the Department of Veterans Affairs (VA) claims processing system, suggested a time limit for filing compensation claims as a way to reduce VA’s workload; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, opposes any change in law to limit the time for filing compensation claims.
RESOLUTION NO. 066
OPPOSE REDUCTION OF THE APPEAL PERIOD FOR DEPARTMENT OF VETERANS AFFAIRS (VA) DECISIONS
WHEREAS, Congress has created a benevolent system for the administration of veterans’ benefits and services; and
WHEREAS, under this benevolent system, veterans currently have one year to initiate appeals of adverse decisions; and
WHEREAS, unlike with other legal processes where fairness to opposing parties, practical considerations, and matters of administrative and judicial convenience justify shorter appeal periods, no such reasons exist within the Department of Veterans Affairs (VA) system where service to veterans is paramount; and
WHEREAS, the Veterans’ Claims Adjudication Commission, created by Congress to study the VA claims processing system, has recommended a reduction of the appeal period from one year to 60 days; and
WHEREAS, the length of the current appeal period is not responsible in any way for the claims backlog and related problems the Commission was created to study, the real cause being the ratio of workload to production capacity; and
WHEREAS, a reduction of the appeal period will therefore not increase VA’s efficiency nor reduce the claims backlog; and
WHEREAS, a reduction in the appeal period would be an unnecessary reduction of veterans’ rights under the pretense of improving the VA claims and appeal processes; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, opposes any change in law to reduce the period for appealing VA claims decisions.
RESOLUTION NO. 166
SUPPORT LEGISLATION TO REPEAL PROVISIONS ALLOWING ATTORNEYS TO CHARGE A FEE FOR BENEFITS COUNSELING OR CLAIMS SERVICES BEFORE THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (VA)
WHEREAS, our Nation established veterans’ programs to repay or reward veterans for their extraordinary service and sacrifices on behalf of their fellow citizens; and
WHEREAS, in the spirit in which special benefits are provided to especially deserving beneficiaries, our citizens intended these benefits to be dispensed through an open, helpful, and informal system in which the Government is duty bound to receive every claimant as entitled and provide every reasonable assistance in developing and shepherding the claim through the entire administrative process while affording consideration of all legal avenues toward granting every benefit that can be supported in law; and
WHEREAS, the programs are also designed in a manner that ensures veterans and their families will receive the full measure of aid from disability compensation and other monetary payments without taxation and with protections that ensure they are not diverted into the pockets of others who have no entitlement to them; and
WHEREAS, Congress has set the rates of these modest benefits to be minimally adequate for their intended purposes, such as assisting disabled veterans and their families in purchasing the necessities of life or obtaining services necessary to ameliorate the effects of disability, and the amounts provided do not contemplate or allow for any reduction or diminishment in buying power such as will occur when a portion is diverted to attorneys; and
WHEREAS, acquiescence in any general situation in which obtaining veterans’ benefits required hiring an attorney and surrendering a portion of disability compensation or other benefits obtained to the attorney fundamentally contradicts and undermines the spirit of the benefit programs created solely to aid and meet the special needs of disabled veterans and their dependents and survivors; and
WHEREAS, it is inappropriate for Congress to disavow the government’s obligation to ensure veterans receive the benefits due them by passing them off to the legal profession where their plight might well depend on or be determined by their potential for producing attorney fees; and
WHEREAS, adding to the administrative processes all the ancillary burdens involved in fee agreements, withholding, and disbursements will greatly aggravate the existing overburdening of the system and require the diversion of scarce resources away from activities where they are more urgently needed and could yield more meaningful returns; and
WHEREAS, no disabled veteran should have to pay an attorney to obtain the benefits that a grateful nation provides and the veteran is rightfully due, NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, seeks repeal of legislation authorizing attorneys to charge veterans a fee for benefits counseling and claims services before the United States Department of Veterans Affairs (VA).
RESOLUTION NO. 167
OPPOSE REGIONAL DISPERSION OF THE BOARD OF VETERANS’ APPEALS
WHEREAS, veterans and other claimants for veterans’ benefits may appeal erroneous decisions of the various and geographically dispersed benefit offices and medical facilities of the Department of Veterans Affairs (VA); and
WHEREAS, inaccuracy and lack of uniformity are pervasive among the claims decisions of the many VA field offices; and
WHEREAS, one board, the Board of Veterans’ Appeals situated adjacent to VA’s central office and policymaking center in Washington, D.C., hears all appeals; and
WHEREAS, appellants, Board members, and taxpayers derive numerous benefits from an appellate board housed in one centralized location, some of the more obvious of which are:
- availability of the collective expertise of the entire board
- professional interaction and association among Board members and staff
- shared and uniform training
- common and shared goals and responsibilities
- economies of scale from pooled resources and the most efficient workload distribution, with the flexibility and capacity to readjust the workload as necessary between members and support staff
- a positive environment and employee incentives for developing creative solutions and innovations to meet and overcome the challenges inherent in a system of mass adjudication of claims
- more efficient and effective centralized case management and storage
- more effective centralized board administration and hands-on employee oversight;
and
WHEREAS, Congress created the Board of Veterans’ Appeals after repeated failed experiments with various configurations of regional appellate panels that were plagued by persistent inefficiencies and problems and were proven impractical and poorly suited to properly dispose of veterans’ appeals; and
WHEREAS, indications are that consideration is being given within certain quarters of VA to dismember the board and scatter its decision makers among the VA field offices or among various regions of the Nation; and
WHEREAS, such regional reorganization of the Board would be extremely unwise, wholly unwarranted, and not in the best interests of veterans or taxpayers; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, categorically opposes any decentralization of the Board of Veterans’ Appeals.
RESOLUTION NO. 168
SUPPORT LEGISLATION TO REQUIRE THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS TO DECIDE EACH OF APPELLANT’S ASSIGNMENTS OF ERROR, DIRECTLY ORDER THE AWARD OF BENEFITS WHERE APPROPRIATE TO REMEDY ERRORS FOUND, AND ACCEPT APPELLANT’S REJECTION OF CONFESSIONS OF ERROR BY THE DEPARTMENT OF VETERANS AFFAIRS (VA)
WHEREAS, Congress passed the Veterans’ Judicial Review Act of 1988 (VJRA) and created the United States Court of Veterans’ Appeals (currently the U.S. Court of Appeals for Veterans Claims) (the Court); and
WHEREAS, the VJRA granted the Court the authority to decide all relevant questions of law and to hold unlawful and set aside or reverse any finding of material fact adverse to the claimant, which is clearly erroneous; and
WHEREAS, due to long delays in claims processing at the Department of Veterans Affairs (VA), it can take veterans years to get their appeals before the Court; and
WHEREAS, in many appeals, the Court will ignore the appellants’ legal arguments and remand an appeal to the Board of Veterans’ Appeals based on the General Counsel’s confession of error that the Board failed to provide adequate reasons or bases for its decision to deny the benefit; and
WHEREAS, a remand for reasons or bases allows the VA to reopen the evidentiary record and obtain other evidence to support the continuation of the denial; and
WHEREAS, a veteran must appeal to the Court a second time and, in some cases, a third or fourth time to obtain a decision on the merits of his or her appeal; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation that would require the Court to decide each assignment of error made by an appellant in an appeal to the Court and to reverse any such errors found; AND
BE IT FURTHER RESOLVED that the Court should have the authority to modify or remand any Board decision found to contain any error or errors, that the authority to modify should include the power to order an award of benefits in appropriate cases, and that an appellant should be expressly permitted to waive confessions of error made by the appellee.
RESOLUTION NO. 187
REDUCE CATASTROPHIC CAP ON CHAMPVA SERVICES
WHEREAS, the Civilian Health and Medical Program of the Department of Veterans Affairs (VA), known as CHAMPVA, is a health benefits program in which the VA shares the cost of certain health services with eligible beneficiaries; and
WHEREAS, eligible beneficiaries include: the spouse or child of a veteran who VA was rated 100 percent permanently and totally disabled for a service connected disability; the surviving spouse or child of a veteran who died from a VA-rated service-connected disability, or who, at the time of death, was rated 100 percent permanently and totally disabled; or the surviving spouse or child of a military member who died in the line of duty; and
WHEREAS, VA medical centers are authorized to provide services to CHAMPVA beneficiaries under the CHAMPVA In House Treatment Initiative (CITI) program at no cost to the beneficiary; and
WHEREAS, services provided under this program, however, are provided at the discretion of the hospital director and available only on a space-available basis, after the needs of veterans are met; and
WHEREAS, the CHAMPVA beneficiary is responsible for an annual $50 deductible for medical services rendered and 25 percent of reasonable and customary charges for patient care and pharmaceuticals up to $3000 each year if the local VA medical facility does not participate in the CITI program and the beneficiary must seek care in the private sector; and
WHEREAS, beneficiaries who are chronically ill can incur out-of-pocket medical care costs up to $3000 per year; and
WHEREAS, such costs can cause undue financial burden on a severely disabled veteran or his or her family members; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to reduce the catastrophic cap on CHAMPVA services to a more reasonable amount to reduce the out-of-pocket costs for beneficiaries who do not live near a VA medical facility that participates in the CHAMPVA CITI health care program.
RESOLUTION NO. 014
SUPPORT REPEAL OF FUNDING FEES FOR DEPARTMENT OF VETERANS AFFAIRS (VA) HOME LOANS
WHEREAS, in 1990, Congress imposed funding fees upon Department of Veterans Affairs (VA) guaranteed home loans under budget reconciliation provisions as a temporary deficit reduction measure; and
WHEREAS, such funding fees have now become a regular feature of all VA home loans, except for disabled veterans and un-remarried surviving spouses; and
WHEREAS, during the first session of the 108th Congress, funding fees were increased, and will continue so for the next seven years as a way to generate additional revenue to cover the costs of improvements and cost-of-living adjustments in other veterans’ programs; and
WHEREAS, benefits provided to veterans by a grateful nation in return for their contributions and sacrifices through service in the armed forces should be provided by the government without a cost to the veteran; and
WHEREAS, increased funding fees have reduced the advantage of using the VA Home Loan Guaranty program; and
WHEREAS, funding fee increases are placing additional burdens upon veterans purchasing homes when the intent of the program is to reduce that burden by minimizing initial costs of buying a home; and
WHEREAS, such fees particularly impact on our young, active duty military families who may be purchasing their fist home; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, urges Congress to refrain from further increasing the VA Home Loan funding fees and to repeal these fees as soon as possible.
RESOLUTION NO. 017
PROVIDE AN OPEN PERIOD TO APPLY FOR SERVICE-DISABLED VETERANS’ INSURANCE
WHEREAS, service-connected disabled veterans are entitled to apply for Service-Disabled Veterans’ Insurance within two years from the date the Department of Veterans Affairs (VA) grants service connection for any disability; and
WHEREAS, many eligible veterans, due to financial difficulties and problems associated with readjustment to civilian life, did not apply for this insurance within the 2-year eligibility period; and
WHEREAS, many of these service-connected disabled veterans are now prepared and can afford to purchase this insurance but are not able to purchase comparable insurance coverage in the private sector; and
WHEREAS, precedent has been established to extend previously closed “eligibility periods” for certain other VA benefits and services, including insurance; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, seeks the enactment of legislation that would authorize an “open period” for eligible service-connected disabled veterans to apply for coverage under the Service-Disabled Veterans’ Insurance Program.
RESOLUTION NO. 018
EXTEND ELIGIBILITY FOR VETERANS’ MORTGAGE LIFE INSURANCE TO SERVICE-CONNECTED VETERANS RATED PERMANENTLY AND TOTALLY DISABLED
WHEREAS, Veterans’ Mortgage Life Insurance is presently available to veterans entitled to the special adapted housing award under section 2101(a) of title 38, United States Code; and
WHEREAS, service-connected veterans rated as permanently and totally disabled cannot obtain mortgage life insurance through commercial insurance companies; and
WHEREAS, their widows and dependents must bear an undue hardship upon the death of such veterans; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11–14, 2007, seeks the enactment of legislation which would extend Veterans’ Mortgage Life Insurance to service-connected veterans who are rated as permanently and totally disabled.
RESOLUTION NO. 067
PROVIDE INCREASE IN THE SPECIALLY ADAPTED HOUSING GRANT AUTHORIZED BY SECTION 2101(a) OF TITLE 38, UNITED STATES CODE, AND AUTOMATIC ANNUAL ADJUSTMENTS BASED ON INCREASES IN THE COST OF LIVING
WHEREAS, section 2101(a) of title 38, United States Code, authorizes a one-time specially adapted housing grant to veterans who have incurred service-connected disabilities consisting of loss or loss of use of both lower extremities, total blindness together with loss or loss of use of one lower extremity, or loss or loss of use of one lower extremity together with either the loss or loss of use of an upper extremity or other organic disease that requires use of a wheelchair or the use of braces, crutches, or canes; and
WHEREAS, the purpose of this grant is to enable such severely disabled veterans to construct, purchase, or remodel homes with structural features to accommodate special needs; and
WHEREAS, the current $50,000 maximum amount authorized for this grant is insufficient to allow such veterans to make all necessary adaptations and modifications; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation which would provide a realistic increase in the grant authorized by section 2101(a) of title 38, United States Code, and would provide for automatic annual adjustments based on increases in the cost of living.
RESOLUTION NO. 068
INCREASE THE FACE VALUE OF SERVICE-DISABLED VETERANS’ INSURANCE (RH)
WHEREAS, certain veterans are eligible for National Service Life Insurance under section 1922 of title 38, United States Code; and
WHEREAS, honorably discharged veterans released from active military duty on or after April 25, 1951, found by the Department of Veterans Affairs (VA) to be suffering from a disability or disabilities for which a compensable evaluation would be payable, shall, upon application, be granted insurance by the United States Government under section 1922(a) of title 38, United States Code; and
WHEREAS, this insurance, commonly referred to as RH insurance, is non-participating with no dividends payable; and
WHEREAS, many of these veterans are uninsurable by private insurance companies as a result of their service-connected disabilities; and
WHEREAS, inflation has rapidly increased and diminished the value of the insurance since the maximum was set at $10,000; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports amendment of section 1922(a) of title 38, United States Code, to increase the maximum amount of insurance coverage available under Service-Disabled Veterans’ Insurance (RH).
RESOLUTION NO. 070
SUPPORT LEGISLATION TO PROVIDE FOR WAIVER OF PREMIUMS FOR SUPPLEMENTAL SERVICE-DISABLED VETERANS’ INSURANCE
WHEREAS, section 1922A(a) of title 38, United States Code, provides for supplemental Service-Disabled Veterans’ Insurance for totally disabled veterans, in an amount not to exceed $20,000; and
WHEREAS, section 1922A(d) of title 38, United States Code, provides that, “no waiver of premiums shall be made in the case of any person for supplemental insurance granted under this section”; and
WHEREAS, such prohibition of premium waiver is based on the Servicemen’s Indemnity Act of 1951, which states in part, “[t]he amount of insurance placed in force hereunder. . .at the time of the insured’s application for waiver hereunder, may not exceed $10,000” (section 1912(d), title 38, United States Code); and
WHEREAS, such denial of waiver on supplemental Service Disabled Veterans’ Insurance for totally disabled veterans constitutes an inequity based on prior established standards; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to allow for the waiver of premiums, for any and all supplemental Service-Disabled Veterans’ Insurance for totally disabled veterans that may be authorized by existing and future legislation; AND
BE IT FURTHER RESOLVED that the criteria for total disability waiver of premiums, as mandated in section 1912 of title 38, United States Code, be maintained.
RESOLUTION NO. 101
SUPPORT AN INCREASE IN THE DEPARTMENT OF VETERANS AFFAIRS (VA) BURIAL ALLOWANCE FOR SERVICE-CONNECTED VETERANS AND PROVIDE FOR AUTOMATIC ANNUAL ADJUSTMENTS
WHEREAS, the Department of Veterans Affairs (VA) provides service-connected veterans a $2,000 burial allowance; and
WHEREAS, the amount of this burial allowance has been seriously eroded by inflation because it has not been regularly adjusted for increases in the cost of living; and
WHEREAS, the amount of this burial allowance should be increased because this substantial reduction in its value is unfair to today’s veterans; and
WHEREAS, the burial allowance should automatically be adjusted for inflation annually to keep pace with the rise in the cost of living; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to increase the burial allowance payable in the case of death due to service-connected disability and to provide for automatic annual adjustments indexed to the rise in the cost of living.
RESOLUTION NO. 169
SUPPORT LEGISLATION TO REDUCE PREMIUMS FOR SERVICE-DISABLED VETERANS’ INSURANCE CONSISTENT WITH CURRENT LIFE EXPECTANCY
WHEREAS, the United States Government provides life insurance to servicemembers because the increased hazards of military service make them an unacceptable risk for the commercial insurance market; and
WHEREAS, coverage for servicemembers may be continued after service under policies issued or programs overseen by the Department of Veterans Affairs (VA); and
WHEREAS, the extra-hazard costs of insuring veterans in poorer health by reason of service-connected disabilities should be borne by the Government; and
WHEREAS, Congress created the Service-Disabled Veterans’ Insurance (SDVI) program in 1951 by Public Law 82-23 to provide life insurance to service-connected disabled veterans at standard rates; and
WHEREAS, under Public Law 82-23, SDVI premiums are based on rates a healthy individual would have been charged when the program was established in 1951, in accordance with 1941 mortality tables as prescribed by section 1922 of title 38, United States Code; and
WHEREAS, because life expectancy has improved since the inception of the SDVI program, premiums based on the higher mortality rates of 1941 no longer fulfill congressional intent to provide life insurance to service-connected disabled veterans at standard rates; and
WHEREAS, because service-connected disabled veterans are paying premiums higher than today’s standard rates, they are, in effect, subsidizing their own service-connected disabilities; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to amend section 1922 of title 38, United States Code, to provide that SDVI premiums will be based on current mortality tables.
RESOLUTION NO. 138
ELIMINATE THE DELIMITING DATE FOR ELIGIBLE SPOUSES AND SURVIVING SPOUSES FOR BENEFITS PROVIDED UNDER CHAPTER 35, TITLE 38, UNITED STATES CODE
WHEREAS, dependents and survivors eligible for Department of Veterans Affairs (VA) education benefits under Chapter 35, title 38, United States Code, have ten years in which to apply for and complete a program of education; and
WHEREAS, this ten-year period begins either from the date a veteran is evaluated by the VA as permanently and totally disabled from service-connected disabilities or ten years from the date of such veteran’s death due to service-connected disability; and
WHEREAS, in many instances, because of family obligations or the need to provide care to the veteran, spouses or surviving spouses may not have had an opportunity to apply for these benefits; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, seeks the enactment of legislation which would eliminate the delimiting date for spouses and surviving spouses for purposes of benefits provided under Chapter 35, title 38, United States Code.
RESOLUTION NO. 170
PROVIDE EDUCATIONAL BENEFITS FOR DEPENDENTS OF SERVICE-CONNECTED VETERANS RATED 80 PERCENT OR MORE DISABLED
WHEREAS, chapter 35 of title 38, United States Code, extends educational assistance to the dependents of service-connected veterans who are evaluated as permanently and totally disabled; and
WHEREAS, there are many service-connected veterans rated 80 percent and 90 percent disabled, whose dependents cannot afford to attend an institution of higher learning or pursue a vocational endeavor because of the reduced earning ability of such veterans; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, seeks the enactment of legislation which would extend educational assistance under chapter 35 of title 38, United States Code, to the dependents of veterans who have a service-connected disability rating of 80 percent or more.
RESOLUTION NO. 029
SUPPORT LEGISLATION TO MAKE DEPARTMENT OF VETERANS AFFAIRS (VA) HEALTH CARE FUNDING MANDATORY
WHEREAS, the funding for Department of Veterans Affairs (VA) health care under the Federal budget is a discretionary program, meaning that it is within the discretion of Congress to determine how much money it will allocate each year for veterans’ medical care; and
WHEREAS, title 38, United States Code, section 1710(a), provides that the Secretary of Veterans Affairs “shall” furnish hospital care and medical services, but only to the extent Congress has provided money to cover the costs of the care; and
WHEREAS, the Disabled American Veterans firmly believes that service-connected disabled veterans have earned the right to VA medical care through their extraordinary sacrifices and service to this Nation; and
WHEREAS, the Disabled American Veterans, along with the other Independent Budget service organizations, has fought for sufficient funding for VA health care and a budget that is reflective of the rising cost of health care and increasing need for medical services; and
WHEREAS, despite our continued efforts, the cumulative effects of insufficient health care funding have now resulted in the rationing of health care; and
WHEREAS, VA reports that it has now reached capacity at many of its health care facilities; and
WHEREAS, VA is unable to provide timely access to quality health care to many of our Nation’s most severely disabled service-connected veterans; and
WHEREAS, it is disingenuous for our government to promise health care to veterans but then make it unattainable because of inadequate funding; and
WHEREAS, The partnership of nine veterans service organizations supports VA healthcare budget reform to achieve predictable timely and sufficient budgets for VA healthcare; and
WHEREAS, making veterans’ health care funding mandatory would ensure the government meets its obligation to provide health care to service-connected disabled veterans and ensure all veterans eligible for care in the VA health care system have access to timely quality healthcare; and
WHEREAS, making veterans’ health care funding mandatory would eliminate the year-to-year uncertainties about funding levels that have prevented VA from being able to adequately plan for and meet the constantly growing number of veterans seeking treatment; and
WHEREAS, by including all veterans currently eligible and enrolled for care in the mandatory health care funding proposal, we protect the overall viability of the system and the specialized programs VA has developed to improve the health and well-being of our Nation’s service-connected disabled veterans; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to guarantee Congress provide sufficient resources to cover the expenses of the veterans’ health care program.
RESOLUTION NO. 030
ENSURE TIMELY ACCESS TO QUALITY HEALTH CARE AND MEDICAL SERVICES
WHEREAS, sick and disabled veterans’ demands for care at many Department of Veterans Affairs (VA) facilities have overwhelmed VA’s current capacity; and
WHEREAS, given VA’s limited resources, VA is forced to ration care leaving many of its 7.9 million enrolled veterans to wait long periods for primary and specialty care appointments; and
WHEREAS, VA’s “Advance Clinic Access” (ACA) initiative is aimed at reducing waiting times for enrolled sick and disabled veterans in need of, and seeking care; and
WHEREAS, while waiting times continue to be a prevalent and growing problem, ACA shows promise but does not fully address timely access to quality health care for service-connected disabled veterans; and
WHEREAS, VA should identify and immediately correct the underlying funding problems that contribute to excessively long waiting times for primary and specialty care for veterans in VA facilities nationwide; and
WHEREAS, short term solutions such as staff reassignments, redirection of patients to alternative sites of VA care, and restrictions of individual practitioners’ available time with each patient while adding additional appointments to their daily schedules, can provide some immediate relief but are only temporary solutions; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, urges the VA to request sufficient resources and staff to reduce waiting times so sick and disabled veterans can achieve timely access to all medically necessary services within the VA health care system.
RESOLUTION NO. 031
SUPPORT EQUAL MEDICAL SERVICES AND BENEFITS FOR WOMEN VETERANS
WHEREAS, women now comprise 20% of new military recruits, 15% of active duty forces, and 17% of Reserve and National Guard forces; and
WHEREAS, women are among the fastest growing segment of new users in the Department of Veterans Affairs (VA) health care system; and
WHEREAS, they represent new challenges to the design and delivery of health care, which has traditionally focused on men; and
WHEREAS, in contrast to the overall declining veteran population, the female veteran population of the U.S. and Puerto Rico is projected to increase by 6% between 2000 and 2020, from 1.24 million to 1.32 million; and
WHEREAS, women have always provided meaningful contributions to our armed services over the course of our Nation’s history, most recently exemplified by their service in Operations’ Enduring and Iraqi Freedom (OEF/OIF); and
WHEREAS, a Government Accountability Office report found that problems continue to confront women veterans when attempting to gain access to VA health care services; and
WHEREAS, VA still struggles to fully ensure privacy and a safe environment for women veterans at all VA facilities; and
WHEREAS, many women seeking VA health care find certain services difficult to obtain or personnel unprepared to understand or deal with their unique healthcare needs; and
WHEREAS, increasing numbers of women are serving in combat theaters and seeking VA health care services following military service therefore, VA must be prepared to anticipate the specialized needs of women veterans who were catastrophically wounded, suffering amputations, blindness, spinal cord injury, post-traumatic stress or traumatic brain injury, or sexually assaulted; and
WHEREAS, although it is anticipated that many of the medical problems for male and female veterans returning from combat operations will be similar, VA must address the health issues and barriers to care that pose special challenges for women; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, seeks to ensure the provision of health care services, inclusive of gender-specific services, by VA to eligible female veterans are provided to the same degree and extent that services are provided to eligible male veterans, inclusive of counseling and/or psychological services incident to combat exposure or sexual trauma; AND
BE IT FURTHER RESOLVED that we urge VA to strictly adhere to stated policies regarding privacy and safety issues relating to the treatment of women veterans and to proactively conduct research and health studies as appropriate, review its women’s health programs and seek innovative methods to ensure women veterans receive the treatment and specialized services they so rightly deserve.
RESOLUTION NO. 032
INCREASE THE REIMBURSEMENT RATES FOR FEE BASIS CARE AND FULLY COVER THE COST OF TREATMENT APPROVED THROUGH THE FEE BASIS PROGRAM FOR SERVICE-CONNECTED CONDITIONS
WHEREAS, when the Department of Veterans Affairs (VA) medical facilities are unable to provide specific treatment or cannot provide treatment economically due to geographic inaccessibility, certain veteran patients may be authorized to receive treatment from non-VA health care providers at VA expense; and
WHEREAS, the program of providing such treatment is commonly referred to as the fee basis program; and
WHEREAS, the amount payable by VA has not kept pace with medical inflation; and
WHEREAS, some service-connected veterans who are approved by VA to utilize fee basis care are unable to secure treatment from a community provider due to VA’s insufficient level of payment for medical services; and
WHEREAS, service-connected veterans, in some cases, must then cover part of the cost of their care for a service-connected condition because of the limited rates of reimbursement through the fee basis program; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, urges Congress and the Administration to establish new mechanisms to ensure VA reimbursement rates for fee basis care are adequate and indexed to the appropriate annual health care consumer inflation rate recognized by the Federal government; AND
BE IT FURTHER RESOLVED that the Disabled American Veterans urges VA to promote incentives among private health care practitioners and medical facilities to accept VA fee basis reimbursements as payment in full for the cost of treatments provided through the fee basis program for service-connected disabled veterans.
RESOLUTION NO. 033
SUPPORT A CONGRESSIONALLY AUTHORIZED ALZHEIMER’S DISEASE DEMONSTRATION PROJECT THROUGH THE DEPARTMENT OF VETERANS AFFAIRS (VA)
WHEREAS, based on prevalence rates, it is estimated that over 550,000 veterans suffer with dementia, including more than 280,000 enrolled for VA health care; and
WHEREAS, Alzheimer’s is the most common form of dementia accounting for at least 50 percent of cases; and
WHEREAS, veterans with Alzheimer’s disease could benefit from a designated program to address their unique health care needs; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, urges Congress to authorize an Alzheimer’s demonstration project at a Department of Veterans Affairs (VA) facility or facilities; AND
BE IT FURTHER RESOLVED that this demonstration project be uniquely designed for veterans with Alzheimer’s disease, using other than the routine medical or psychiatric care models and should include Alzheimer’s research as an integral part of the veteran’s treatment program.
RESOLUTION NO. 034
SUPPORT LEGISLATION TO PROVIDE PROMPT MEDICAL SCREENING AND TREATMENT FOR ALL VETERANS EXPOSED TO DEPLETED URANIUM
WHEREAS, the military utilized the extreme density of depleted uranium (DU) in projectiles and tank armor during in the Persian Gulf War, Bosnia, and Operations Iraqi and Enduring Freedom (OIF/OEF); and
WHEREAS, exposure to the heavy metal DU poses radiation hazards and chemical toxicity to humans when internalized through ingestion, inhalation, shrapnel and contaminated wounds; and
WHEREAS, over 1.1 million service members have deployed to the Southwest Asia Theater of operations, and over 1.5 million OIF/OEF service members have deployed , and Department of Veterans Affairs’ (VA’s ) Depleted Uranium Program established in 1993 has assessed only 3,000 veterans exposed to DU; and
WHEREAS, the Institute of Medicine (IOM) committee mandated by Congress to examine scientific and medical literature on the potential health effects of chemical, biological, and radiological agents, could not determine the likelihood of increased risk of adverse health outcomes among Gulf War veterans due to exposure to the agents examined in its 2000 report due to the lack of exposure data; and
WHEREAS, the IOM committee and the VA Advisory Committee on Gulf War Veterans’ Illnesses recognized the limited number of research projects to examine the impact of the total exposures and experience of deployment and war on veterans’ health; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, urges VA to provide prompt medical screening and treatment to any veteran that may have been exposed to depleted uranium; AND
BE IT FURTHER RESOLVED that the that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports additional research to examine the health effects of depleted uranium.
RESOLUTION NO. 035
SUPPORT LEGISLATION TO REQUIRE THE PRESIDENT, VICE PRESIDENT, AND MEMBERS OF CONGRESS TO RECEIVE HEALTH CARE EXCLUSIVELY FROM THE DEPARTMENT OF VETERANS AFFAIRS (VA)
WHEREAS, year after year, the Administration proposes a budget that falls below that necessary to meet veterans’ health care needs; and
WHEREAS, it is at the discretion of Congress to provide the level of funding necessary for the veterans’ health care system; and
WHEREAS, the President and many members of Congress insist that the Department of Veterans Affairs (VA) health care system is adequately funded; and
WHEREAS, VA is recognized as the best health care system in the U.S., and for providing high quality health care services; and
WHEREAS, by using the VA health care system, the President, Vice President, and members of Congress would be in a better position to understand the resource needs of VA to enable it to provide timely quality health care to our nation’s veterans; and
WHEREAS, similar to the members of the military, the President, Vice President, and most Members of Congress are required to spend a significant amount of time away from their homes, families, and friends while Congress is in session; and
WHEREAS, because of the patriotism, devotion, and sacrifices of our President, Vice President, and Members of Congress, ours is the most free nation on earth, where our citizens enjoy unequalled rights, privileges, and prosperity; and
WHEREAS, the President, Vice President, and Members of Congress should therefore be granted the privilege of using the VA health care system for their medical needs; and
WHEREAS, if the President, Vice President, or member of Congress is a veteran, he or she would be classified into the proper priority group for purpose of receipt of VA medical care; and
WHEREAS, if the President, Vice President, or member of Congress is not a veteran, he or she would be classified as a non service-connected veteran in either Priority Group 7 or 8, depending on their income; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to require the President, Vice President, and Members of Congress to enroll for VA medical care services and receive health care exclusively from the VA health care system.
RESOLUTION NO. 042
SUPPORT CONGRESSIONAL FUNDING FOR THE CREATION OF A DEPARTMENT OF VETERANS AFFAIRS (VA) REHABILITATIVE SPECIAL EVENTS OFFICE
WHEREAS, the Department of Veterans Affairs (VA) and several Congressionally chartered veterans service organizations cosponsor four national rehabilitative special event programs for veterans receiving health care from VA medical facilities; and
WHEREAS, the VA currently has an office within the Office of Public Affairs tasked with oversight of the national rehabilitative special events; and
WHEREAS, these rehabilitative programs, which include the National Disabled Veterans Winter Sports Clinic, National Veterans Wheelchair Games, National Veterans Golden Age Games, and the National Creative Arts Festival, focus on rehabilitation of many severely disabled veterans and, as such, these events should be the responsibility of the Veterans Health Administration, not the Office of Public Affairs; and
WHEREAS, while these programs showcase the preventive and therapeutic values of sports, fitness, and recreation, which are key factors in VA’s extensive rehabilitation programs, they are also extremely beneficial to veterans, helping many to overcome or mitigate the physical and emotional impact of severe disabilities; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to create an office within the Veterans Health Administration to oversee these rehabilitative special events and to provide a separate appropriation in the VA budget for the national rehabilitative special events so VA can continue to contribute its share of the funding.
RESOLUTION NO. 049
SUPPORT REPEAL OF BENEFICIARY TRAVEL PAY DEDUCTIBLE FOR SERVICE-CONNECTED DISABLED VETERANS AND INCREASE BENEFICIARY TRAVEL REIMBURSEMENT RATES
WHEREAS, the Secretary of the Department of Veterans Affairs (VA) is authorized under section 111 (g)(1) of title 38, United States Code, to pay a travel allowance to certain service-connected veterans for VA examination, medical treatment, or care; and
WHEREAS, the applicable law and regulations subject service-connected disabled veterans to a $3 deductible from the amount otherwise payable for each one-way trip unless the Secretary determines in an individual case that such deductible would cause severe financial hardship; and
WHEREAS, currently, veterans receive only a meager amount of beneficiary travel pay; either 11 or 17 cents per mile; and
WHEREAS, service-connected disabled veterans eligible for beneficiary travel should not have to help defray the cost of travel, in the form of a deductible, to and from a VA medical facility for medical examination, treatment or health care services; and
WHEREAS, asking veterans to pay for part of the benefits a grateful nation provides for them is fundamentally contrary to the spirit and principles underlying the provision of benefits to veterans; and
WHEREAS, it is grossly unfair for the VA Secretary to impose the deductible upon service-connected disabled veterans seeking treatment for a service-connected condition and service-connected veterans rated 30 percent or more when traveling in connection with any disability; and
WHEREAS, travel reimbursement rates for all veterans are badly out of date, having not been increased since 1978; and
WHEREAS, adequate travel expense reimbursement is directly tied to access to care for many veterans, and is not a luxury; and
WHEREAS, the General Services Administration (GSA) for federal employees has periodically approved increases in rates for reimbursement for employee’s use of privately owned vehicles to a current rate of either 28.5 or 48.5 cents per mile; and
WHEREAS, in 2006 the VA conducted a review of its travel reimbursement rates following the last GSA approved increase for use of privately owned vehicles; and
WHEREAS, VA concluded that increasing veterans’ beneficiary travel rate to a rate more comparable to the GSA approved rate would result in a reduction of funds available for direct medical care to our nation’s veterans; and
WHEREAS, VA should not have to choose between providing direct medical care services to sick and disabled veterans or providing adequate beneficiary travel payments so that veterans can get to their medical appointments for treatment; and
WHEREAS, reasonable reimbursement rates for travel are integral to many veterans’ access to health care; and
WHEREAS, when rates do not cover the cost of travel, veterans without resources are likely to delay health care delivery until their need may be critical; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to repeal the Secretary’s authority to impose a deductible for service-connected disabled veterans from the amount payable for beneficiary travel pay for medical examination, treatment, or care; AND
BE IT FURTHER RESOLVED that the Disabled American Veterans urges VA to include a line item in its budget for the cost of increasing veterans’ beneficiary travel reimbursement rates to a more reasonable amount so that it can make the needed adjustment without reduction in funds for direct medical care to sick and disabled veterans
RESOLUTION NO. 077
SUPPORT THE PROVISION OF COMPREHENSIVE DEPARTMENT OF VETERANS AFFAIRS (VA) HEALTH CARE SERVICES TO ENROLLED VETERANS
WHEREAS, it is the policy of the Disabled American Veterans that veterans should be afforded quality and timely health care services by the Department of Veterans Affairs (VA) because of their honorable service to our Nation; and
WHEREAS, it is the conviction of the Disabled American Veterans that quality health care for veterans is achieved when health care providers are given the freedom and resources to provide the most effective and scientifically proven care available; and
WHEREAS, the Veterans Health Administration plays a critical role in the delivery of health care services to our Nation’s sick and disabled veterans, is the largest direct Federal provider of health care services, the largest clinical training ground for the health professions, and a leader in medical research; and
WHEREAS, for well over a decade, VA has been faced with the dilemma of ever-increasing demand for medical care and perennially inadequate, decremental budgets; and
WHEREAS, because of restricted appropriation levels, VA is forced to restrict, ration and deny access to health care implicitly promised in connection with veterans’ military service; and
WHEREAS, the VA health delivery system must, at a minimum, achieve the following:
- Promote and ensure health care quality and value, and protect veterans’ safety in the health care system;
- Guarantee access to a full continuum of care, from preventive through hospice;
- Receive adequate funding through appropriations for care of non service-connected conditions;
- Fairly and equitably distribute resources to treat the greatest number of veterans requiring health care;
- Provide all medications, supplies, prosthetic devices and other over-the-counter medication necessary for the proper treatment of service-connected disabled veterans;
- Preserve VA’s mission and role as a provider of specialized services in areas such as blindness, amputation, spinal cord injury and dysfunction, mental illness, and long-term care;
- Maintain the integrity of an independent VA health care delivery system as representing the primary responsible entity for the delivery of health care services to enrolled veterans;
- Maintain a strong and veteran-focused research program; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation that embodies the concepts and principles enumerated above and establishes certainty to clearly defined VA health care services for enrolled veterans.
RESOLUTION NO. 079
SUPPORT ENHANCEMENT OF LONG-TERM HEALTH CARE TO SERVICE-CONNECTED DISABLED VETERANS
WHEREAS, many veterans, including those with service-connected disabilities, use the Department of Veterans Affairs (VA) for their health care needs in post-acute and long-term care services; and
WHEREAS, VA long-term care services, especially alternative, non-bed, and community-based programs, are not available in all VA settings; and
WHEREAS, VA statistics show that by 2012, their will be approximately 1.3 million veterans aged 85 and older; and
WHEREAS, VA will face ever increasing demand for long-term care as our nation’s veteran population ages; and
WHEREAS, VA should develop and implement strategic long-term care plan to invigorate and re-engineer the core of VA-operated services to meet the increasing demand for long-term care services addressing the needs of service-connected veterans; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention, assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to expand the comprehensive program of long-term care services for service-connected disabled veterans regardless of their disability rating.
RESOLUTION NO. 081
OPPOSE THIRD-PARTY PAYMENTS FOR SERVICE-CONNECTED DISABILITIES
WHEREAS, the Department of Veterans Affairs’ (VA’s) primary mission is to provide high quality medical care to veterans eligible by reason of their service-connected disabilities; and
WHEREAS, VA is authorized to recover or collect the cost of care from a third-party health insurer when insured veterans receive health care from VA for nonservice-connected conditions; and
WHEREAS, the collection of payments from a third party for the treatment of veterans’ service-connected disabilities would abrogate VA’s and the Federal Government’s responsibility to provide such care and may result in increased premium payments to veterans; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, opposes any legislation that would require VA to recover third-party payments for the care and treatment of a veteran’s service-connected disabilities
RESOLUTION NO. 083
SUPPORT TOP PRIORITY ACCESS FOR SERVICE-CONNECTED VETERANS WITHIN THE DEPARTMENT OF VETERANS AFFAIRS (VA) HEALTH CARE SYSTEM
WHEREAS, the Veterans Health Administration (VHA) has issued national directives and policies to affirm its commitment to providing top priority access to hospital care and medical services to veterans with service-connected disabilities, regardless of the percentage disability of service-connected rating, in absence of compelling medical reasons to the contrary; and
WHEREAS, many VA facilities are struggling to fulfill this mandate because of budget pressure, insufficient local resources and saturation of available capacity because of patient workloads; and
WHEREAS, National Service Officers and staff from National Headquarters of the Disabled American Veterans continue to receive complaints from service-connected veterans who are being denied priority access to VA health care services, or report their access to care is being delayed due to VHA’s establishment of waiting lists and other types of health care rationing, without compelling medical reasons; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports strict enforcement by the Veterans Health Administration, including VHA network and medical center directors, of governing policies providing service-connected veterans priority access to care, unless compelling medical reasons prevent such priority from being extended to them.
RESOLUTION NO. 117
SUPPORT LEGISLATION TO EXTEND CHAMPVA ENTITLEMENT UNTIL GRADUATION OF FULL-TIME STUDENTS
WHEREAS, children of certain veterans are provided medical care under the CHAMPVA program; and
WHEREAS, a child’s eligibility, which otherwise terminates at age 18, continues to age 23 when such child is pursuing an approved full-time course of education; and
WHEREAS, while attending school, these children generally continue to be dependent upon the veteran or surviving spouse and are unable to provide for their own medical care; and
WHEREAS, continuing medical care eligibility under CHAMPVA until graduation would further the goal of aiding a veteran’s child while pursuing an education and alleviate financial hardship that might otherwise interrupt a child’s education; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to extend eligibility to CHAMPVA until an eligible child’s graduation from an approved course of full-time education.
RESOLUTION NO. 175
SUPPORT LEGISLATION TO ESTABLISH A COMPREHENSIVE PROGRAM FOR TRAUMATIC BRAIN INJURY REHABILITATION AND REQUIRE THE DEPARTMENTS OF DEFENSE AND VETERANS AFFAIRS TO COLLABORATE TO ENSURE PROPER SCREENING, DIAGNOSIS AND TREATMENT FOR ALL VETERANS WITH POSSIBLE TRAUMATIC BRAIN INJURY
WHEREAS, traumatic brain injury (TBI) has been called the signature injury of the Iraq war; and
WHEREAS, blast injuries from improvised explosive devices (IEDs) that shake or compress the brain within the skull often cause devastating and permanent damage to brain tissue; and
WHEREAS, veterans with severe TBI and polytrauma will require extensive rehabilitation and life-long personal and clinical support, including neurological, medical and psychiatric services, and physical, psycho-social, occupational, and vocational therapies, and
WHEREAS, VA must ensure programs are adapted to meet the unique needs of the newest generation of combat service personnel and veterans, while they continue to address the needs of older veterans with severe physical disabilities as well as post traumatic stress disorder (PTSD) and other combat-related mental health challenges; and
WHEREAS, the VA’s Office of the Inspector General (OIG) issued a revealing report in July 2006, titled: “Health Status of and Services for Operation Enduring Freedom/Operation Iraqi Freedom (OEF/OIF) Veterans after Traumatic Brain Injury Rehabilitation” concluding that improved coordination of care is necessary between the Departments of Defense and the VA, and that families need additional support in the care of TBI patients; and
WHEREAS, VA reports that it is tailoring its programs to meet the unique needs of severely injured OEF/OIF veterans by assigning case managers to each TBI and polytrauma patient and putting a greater emphasis on understanding the problems of families during the initial care and long-term rehabilitation of these patients; and
WHEREAS, we remain concerned about capacity and whether VA has the resources and staff necessary to provide intensive rehabilitation services, treat the long-term emotional and behavioral problems and to fully support families and caregivers of these seriously brain-injured veterans; and
WHEREAS, TBI can also be caused without any apparent physical injuries when a veteran is in the vicinity of an IED detonation; and
WHEREAS, veterans suffering a milder form of TBI may experience a variety of symptoms including; headaches, irritability, sleep disorders, memory problems and depression; and
WHEREAS, we are concerned about emerging literature that strongly suggests that even “mild” TBI patients may have long-term mental health and medical consequences; and
WHEREAS, milder forms of TBI may not be detected immediately and DoD and VA have not fully developed a system-wide approach for identification, management, and surveillance of individuals who sustain mild-to-moderate TBI, in particular those with the mild version; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation that would require VA and DoD to coordinate efforts to address mild and moderate TBI and concussive injuries and establish a comprehensive rehabilitation program and standardized protocol utilizing appropriately formed clinical assessment techniques to recognize and treat neurological and behavioral consequences of all levels of TBI; and
BE IT FURTHER RESOLVED that the Disabled American Veterans urges that any TBI studies or research undertaken by VA and DoD include older veterans of past military conflicts who may have suffered similar injuries that went undetected, undiagnosed, and untreated.
RESOLUTION NO. 176
SUPPORT LEGISLATION FOR RELIEF FOR FAMILY CAREGIVERS OF SEVERELY WOUNDED, INJURED AND ILL COMBAT VETERANS
WHEREAS, severely disabled combat veterans present great challenges to the Department of Defense (DoD) and the Department of Veterans Affairs (VA), for acute, rehabilitative and long term care health needs, due to poly-trauma; and
WHEREAS, in prior wars, immediate family members and dependents historically were involved early in the care and rehabilitation of severely injured veterans, especially when that care was being provided by DoD and VA facilities, but they got no relief; and
WHEREAS, family members are typically immediately at the bedside of wounded combat veterans, and remain with them throughout the course of their acute and rehabilitative care periods, often residing in or near the military treatment or VA health care facility during the course of that care; and
WHEREAS, families of severely wounded and disabled veterans must shoulder a great and lifelong burden as home and institutional caregivers and attendants, often giving up or severely restricting employment, education and social interactions that are taken for granted in the normal course of life, and suffering severe financial and personal penalties as a consequence of that attendance, in order to care for a severely disabled loved one; and
WHEREAS, in the absence of family caregiving, the burden of direct care would fall on institutions and other facilities of care of DoD and VA, at significantly higher financial cost and a reduced quality of life for severely wounded war veterans; and
WHEREAS, the US Government owes its highest obligation to those who are put in harm’s way at the call of the Nation, and become severely disabled as a consequence of that service; and
WHEREAS, in equity and fairness, immediate family members of severely injured combat veterans should be afforded generous relief, assistance, and care for the duration of the lives of veterans injured in military service to our Nation; NOW
THEREFORE, be it resolved that the Disabled American Veterans in national convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation that would provide a comprehensive set of supportive services, including but not limited to financial support, health and homemaker services, respite, education and training and other necessary relief, to immediate family member caregivers of veterans severely injured, wounded or ill from combat service.
RESOLUTION NO. 177
SUPPORT PROGRAM IMPROVEMENT AND ENHANCED RESOURCES FOR DEPARTMENT OF VETERANS AFFAIRS (VA) MENTAL HEALTH PROGRAMS TO ACHIEVE READJUSTMENT OF NEW COMBAT VETERANS AND CONTINUED EFFECTIVE MENTAL HEALTH CARE FOR ALL ENROLLED VETERANS NEEDING SUCH SERVICES
WHEREAS, current research findings indicate that combat veterans from Operations Enduring and Iraqi Freedom (OEF/OIF) are at higher risk for post traumatic stress disorder (PTSD) and other mental health problems; and
WHEREAS, VA reports that veterans of these current wars have sought care for a wide range of medical and psychological conditions, including mental health conditions, such as adjustment disorder, anxiety, depression, PTSD, and the effects of substance abuse; and
WHEREAS, as of April 2007, VA reported that of the 229,015 separated OEF/OIF veterans who have sought VA health care since fiscal year 2002, a total of 83,889 unique patients had received a diagnosis of a possible mental health disorder and over 39,000 of the enrolled OEF/OIF veterans had a probable diagnosis of PTSD (not including veterans seen at VA’s Vet Centers); and
WHEREAS, VA has improved access to mental health services at its 800-plus community-based outpatient clinics (CBOCs), such services are still not readily available at all sites; and
WHEREAS, we remain concerned about the capacity in specialized PTSD programs and the decline in availability of VA substance-use disorder programs of all kinds, over time, including virtual elimination of inpatient detoxification and residential treatment beds; and
WHEREAS, although additional funding has been dedicated to improving capacity in some programs, VA mental health providers continue to express concerns about inadequate resources to support, and consequent rationed access to, these specialized services; and
WHEREAS, VA announced it plans to establish 23 new Vet Centers to meet increasing demand for readjustment counseling services; however, we are concerned that VA staffing should also be increased in existing centers to ensure all veterans—including previous generations of combat veterans—who need help at VA community Vet Centers can gain access to readjustment services; and
WHEREAS, the Department of Defense and VA share a unique obligation to meet the health care—including mental health care and rehabilitation needs of veterans who are suffering from readjustment difficulties as a result of combat service; and
WHEREAS, suicide is a special concern among recently deployed veterans returning from Iraq and Afghanistan with several reports in the media that veterans who subsequently committed suicide had sought care at VA but had been placed on waiting lists inappropriately; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National convention in New Orleans, Louisiana, August 11-14, 2007, supports program improvement and enhanced resources for Department of Veterans Affairs (VA) mental Health Programs to achieve readjustment of new combat veterans and continued effective mental health care for all enrolled veterans needing such services.
RESOLUTION NO. 178
AMEND TITLE 38, UNITED STATES CODE, TO PROVIDE DENTAL CARE TO ALL ENROLLED VETERANS WITHIN THE DEPARTMENT OF VETERANS AFFAIRS (VA) HEALTH CARE SYSTEM
WHEREAS, the Disabled American Veterans recognizes that oral health is integral to the general health and well being of a patient, and is part of comprehensive health care; and
WHEREAS, the Department of Veterans Affairs (VA) health care system is mandated under section 1712, title 38, United States Code, to provide outpatient dental services to veterans rated 100 percent service connected, to veterans held prisoner of war, or to those who have sustained dental trauma in performance of military service; and
WHEREAS, section 1710 authorizes VA to provide hospital care and medical services to any veteran for a service-connected disability or a veteran who has a service-connected disability rated at 50 percent or greater; and
WHEREAS, a dental condition is a medical condition which can impact on all other medical conditions; and
WHEREAS, VA currently provides dental services throughout the VA health care system; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, supports legislation to amend title 38, United States Code, section 1712, to provide outpatient dental care to all enrolled veterans.
RESOLUTION NO. 179
SUPPORT FULL FUNDING AND RESOURCES FOR POLYTRAUMA UNITS AT DEPARTMENT OF VETERANS AFFAIRS (VA) MEDICAL CENTERS
WHEREAS, catastrophically injured veterans returning home from Operations Enduring and Iraqi Freedom are transferred to four polytrauma rehabilitation centers within the Department of Veterans Affairs (VA) located in Tampa, Richmond, Minneapolis, and Palo Alto, for intensive care and long-term restoration and rehabilitation; and
WHEREAS, 17 additional VA medical centers have been designated as polytrauma network sites, located in Boston, Syracuse, New York City, Philadelphia, Washington DC, Augusta, Lexington, Cleveland, Indianapolis, Hines, St. Louis, Houston, Dallas, Tucson, Denver, Seattle, and Los Angeles; and
WHEREAS, the care provided in these four specialized centers and 17 polytrauma network sites is extraordinarily expensive and complex, often addressing complications from multiple amputations, traumatic brain injuries, multiple shell fragment wounds, and other catastrophic injuries; and
WHEREAS, these veterans spend long periods at polytrauma centers recovering from their combat injuries; and
WHEREAS, having the support of their family and friends is an integral part of the veteran’s treatment and recovery process; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, calls on the Secretary of Veterans Affairs to request sufficient resources for polytrauma centers and polytrauma network sites to ensure these centers include adequate space for veterans’ rehabilitation, social, and recreational needs and dedicated space, including residential facilities, for family members who must often stay for extended periods to assist in veterans’ recovery and rehabilitation.
RESOLUTION NO. 180
REQUIRE A VETERAN’S ATTENDING DEPARTMENT OF VETERANS AFFAIRS (VA) PHYSICIAN TO PROVIDE A MEDICAL OPINION WITH REGARDS TO A CLAIM FOR VA DISABILITY COMPENSATION BENEFITS WHEN REQUESTED
WHEREAS, section 5103A of title 38, United States Code, prescribes that the Secretary of the Department of Veterans Affairs (VA) shall assist a veteran by providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on a claim for disability benefits; and
WHEREAS, some VA physicians are reluctant or refuse to provide veterans with a medical opinion when requested, and
WHEREAS, VA has recently vacated its policy requiring VA health care practitioners to provide veterans a medical opinion with respect to a current medical condition and possible relationship to a veteran’s military service; and
WHEREAS, the statutory requirement for duty to assist does not constitute a conflict of interest for a VA physician to provide a medical opinion concerning a veteran’s disability and its relationship to military service; and
WHEREAS, a significant number of service-connected disabled veterans who seek treatment at VA medical facilities, rely solely on VA for all their health care needs; and
WHEREAS, through education, training, and experience, a VA physician who provides medical care to veteran patients has special insight of the veteran’s experience and the diseases and disabilities common to military service; and
WHEREAS, the unwillingness of certain VA physicians to provide statements or opinions for veteran patients is inconsistent with the goal of the Veterans Health Administration (VHA) to provide comprehensive care and places a serious burden on veterans who depend on VHA for their care and who may not be able to afford a private medical opinion; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007, urges VA to ensure full compliance by VA health care practitioners in providing medical statements or opinions to veterans when requested in conjunction with a claim for VA benefits.
RESOLUTION NO. 181
SUPPORT STATE VETERANS HOMES BY REQUIRING THE DEPARTMENT OF VETERANS AFFAIRS (VA) TO PAY A FAIR SHARE OF THE COST OF CARING FOR VETERANS
WHEREAS, State Veterans Homes were founded for Union soldiers and sailors following the American Civil War, and have ably served veterans for nearly 150 years; and
WHEREAS, under Title 38, United States Code, the Department of Veterans Affairs (VA) is authorized to make aid payments to States that maintain State Veterans Homes, and to make grants to States for their construction and major improvements; and
WHEREAS, currently there are 126 State Veterans Homes as member institutions of the National Association of State Veterans Homes (NASVH), in all States and in Puerto Rico, that provide hospital, skilled nursing, rehabilitation, long-term care, dementia and Alzheimer’s care, domiciliary care, respite care, end of life care, and adult day health care, daily to almost 30,000 veterans and their dependents; and
WHEREAS, Title 38, United States Code, authorizes VA to make per diem payments to the States for veterans residing in State Veterans Homes, and the State Veterans Home program is recognized as the lowest-cost among all nursing care alternatives used by VA; and
WHEREAS, Title 38, United States Code, authorizes VA to pay a per diem payment up to 50 percent of the national average cost of care in State Veterans Homes; and
WHEREAS, recognizing the growing long-term health care needs of elder veterans, the State Veterans Home program will increasingly serve a vital purpose and will continue to be a major partner with VA in meeting the health care needs of aging veterans; NOW
THEREFORE, BE IT RESOLVED, that Disabled American Veterans supports a VA per diem payment of not more than 50 percent of the national average cost of providing care in a State Veterans Home, as authorized by law; and
BE IT BE IT FURTHER RESOLVED, that the Disabled American Veterans in National Convention assembled in New Orleans, Louisiana, August 11-14, 2007,
fully supports the 2007 strategic objectives of the National Association of State Veterans Homes, specifically—
- In accordance with Public Law 109-461, VA pay the full cost, on an equitable basis, for the care of veterans in need of State Home care for a service-connected disability, and for any disability of a veteran with a service-connected disability rated at 70 percent or more;
- In accordance with Public Law 108-422, that VA issue necessary regulations to carry out Congressional purposes in authorizing a special nursing recruitment and retention program for State Veterans Homes;
- In accordance with the intent of Congress in passing Public Law 106-117, that existing regulations governing Adult Day Health Care (ADHC) in State Veterans Homes be modified and re-issued in such a manner that States might be better attracted to providing ADHC to eligible veterans in facilities operated by the States.
BE IT FURTHER RESOLVED that the Disabled American Veterans urges the President and Congress to pledge their full support to the State Veterans Home program because that program is the most cost-effective nursing care alternative available to VA for sick and disabled veterans with long-term care needs.
RESOLUTION NO. 182
SUPPORT ENHANCEMENT OF MEDICAL SERVICES AND MODERNIZATION OF DEPARTMENT OF VETERANS AFFAIRS (VA) HEALTH CARE INFRASTRUCTURE THROUGH THE CAPITAL ASSETS REALIGNMENT FOR ENHANCED SERVICES INITIATIVE
WHEREAS, the Department of Veterans Affairs (VA) Veterans Health Administration is the largest health care system in the United States, in over 1,400 locations including comprehensive medical centers, community-based outpatient clinics (CBOC), nursing homes, readjustment counseling centers, and residential rehabilitation treatment programs; and
WHEREAS, much of VA’s capital infrastructure was designed and built under an earlier concept of health care delivery based on centralized inpatient care; and
WHEREAS, VA needed to modernize its system and shift to more cost-effective facilities and programs to meet veterans’ current and future health care needs while providing optimal efficiency and access to the system; and
WHEREAS, VA developed the Capital Asset Realignment for Enhanced Services (CARES) initiative to realign VA’s capital assets to ensure that veterans' future needs are met for accessible, quality health care; and
WHEREAS, according to VA testimony before Congress, full CARES implementation requires $1 billion or more invested per year for several years, for construction of new medical centers, to open new CBOCs and carry out numerous major renovations, consolidations, seismic improvements, and expanded outpatient mental health services nationwide, all to be done in accordance with priorities established in the comprehensive CARES decision document; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention, assembled in New Orleans, Louisiana, August 11-14, 2007, urges the Department of Veterans Affairs (VA) to ensure that the CARES process results in enhanced medical services for veterans; that no services be discontinued without VA making alternative sites of care available and operational prior to any closure or consolidation of medical facilities; and that VA follow the decisions of the Secretary of Veterans Affairs in implementing CARES; AND
BE IT FURTHER RESOLVED that Disabled American Veterans urges Congress to provide appropriated funding sufficient to fulfill the commitment of the Secretary in carrying out CARES decisions to modernize VA facilities for high quality health care; and urges that VA inform Congress, veterans and their national veterans service organizations, including Disabled American Veterans, of all activities and developments associated with CARES.
RESOLUTION NO. 183
SUPPORT LEGISLATION TO REPEAL OF DEPARTMENT OF VETERANS AFFAIRS (VA) AND DEPARTMENT OF DEFENSE (TRICARE) COPAYMENTS FOR MEDICAL CARE AND PRESCRIPTIONS
WHEREAS, through service to their Nation in which they made extraordinary sacrifices and contributions, veterans have earned the right to certain benefits in return; and
WHEREAS, because of the patriotism, devotion, and sacrifices of our veterans, ours is the most free nation on earth where our citizens enjoy unequalled rights, privileges, and prosperity; and
WHEREAS, as the beneficiaries of veterans’ service and sacrifice, the citizens of our grateful nation want our Government to fully honor our moral obligation to care for veterans and generously provide them benefits and health care entirely free of charge; and
WHEREAS, copayments are a feature of health care systems in which some costs are shared by the insured and the insurer in a commercial relationship between the patient and the for-profit company or of health care through other Government programs in which the beneficiary has not earned the right to have the costs of health care benefits fully borne by taxpayers; and
WHEREAS, asking veterans to pay for part of the benefits a grateful nation provides for them is fundamentally contrary to the spirit and principles underlying the provision of benefits to veterans; and
WHEREAS, copayments were only imposed upon veterans using the Department of Veterans Affairs (VA) health care system under urgent circumstances and as a temporary necessity to contribute to reduction of the Federal budget deficit; and
WHEREAS, Congress has forgotten or abandoned the traditional benevolent philosophy for providing free benefits to veterans as repayment for the unusual rigors, risks, and personal deprivation they underwent for the good of our country; and
WHEREAS, Congress has made copayments a permanent feature of some veterans’ health care services, and
WHEREAS, based on practices in the private sector, the Secretaries of Veterans Affairs (VA) and Defense in the recent past, moved to dramatically increase copayments and fees for medical care and prescription medications, as if operating a commercial enterprise; and
WHEREAS, as a continuing cost of national defense and as our Nation’s foremost moral obligation, veterans’ benefits must remain a first priority of our Government; NOW
THEREFORE, BE IT RESOLVED that the Disabled American Veterans in National Convention, assembled in New Orleans, Louisiana, August 11-14, 2007, calls for legislation to repeal all copayments for military retirees and veterans’ medical services and prescriptions.
RESOLUTION NO. 184
EXTEND ELIGIBILITY FOR FREE HEALTH CARE FOR COMBAT VETERANS |