Hearing: Review of Veterans' Disability Compensation

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http://www.veterans .senate.gov/ public/index. cfm?pageid= 16&release_id=11504&view=all

Hearing: Review of Veterans' Disability Compensation: Report of the Veterans' Disability Benefits Commission

January,24,2008
Thursday, January 24, 2008 9:30am- Noon SD-562
Oversight hearing - Review of Veterans' Disability Compensation: Report of the Veterans' Disability Benefits Commission.

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Panel I
Lieutenant General James Terry Scott (Retired), Chairman, Veterans' Disability Benefits Commission
Panel II
Mr. Todd Bowers, Director of Government Affairs, Iraq and Afghanistan Veterans of America
Gerald T. Manar, DEPUTY DIRECTOR NATIONAL VETERANS SERVICE VETERANS OF FOREIGN WARS OF THE UNITED STATES
Steve Smithson, DEPUTY DIRECTOR VETERANS AFFAIRS AND REHABILITATION COMMISSION THE AMERICAN LEGION


In our review of those discharged as unfit from 2000 through 2006, only about 1,500 of 83,000
were rated by DoD as 100 percent disabled and only 5,000 were rated as 50 percent or higher.

Partial reprint of statements by Lieutenant General James Terry Scott (Retired), Chairman, Veterans' Disability Benefits Commission

PTSD

• We found that there is insufficient monitoring and coordination between VBA and VHA for veterans experiencing PTSD. An October 2007 IOM report on PTSD treatment (not reflected in our report) found that there is not even an agreed-upon definition of recovery and that there is not sufficient evidence of the efficacy of treatment modalities and pharmaceuticals.
• Although there has been a lot of discussion about the extent that OEF and OIF service members experience PTSD, we noted that only some 1,400 service members had been found unfit for duty due to PTSD out of some 83,000 over the past seven years. This does not indicate that sufficient attention is being paid to this disorder.
• The Commission believes that a holistic approach to PTSD should be established that couples compensation, treatment, and vocational assessment. We also believe that re-evaluation should occur every two to three years to gauge treatment effectiveness and encourage wellness.

Individual Unemployability (IU)

• Veterans with service-connected disabilities rated 60 percent or more but less than 100 percent and who are unable to work due to their disabilities can be granted what is known as IU and be paid at the 100 percent rate. The number of such veterans has increased by 90 percent over the past few years causing considerable attention. We found that the increase is largely explained by the aging of the cohort of Vietnam veterans.
• As the Rating Schedule is revised, specific focus should be given to the criteria for PTSD and other mental disorders so that IU does not need to be awarded so frequently. Currently, 31 percent of veterans with a primary disability of PTSD are awarded IU. Since incapacity to work is part of the criteria for a rating of 100 percent for PTSD and other mental disorders, it is not clear why many of these veterans are not rated 100 percent instead of IU.

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Concurrent Receipt

• Regarding concurrent receipt of military retirement and VA disability payments, the Commission found these to be two different programs with entirely different missions. DoD retirement recognizes years of service and VA disability payments compensate for impairment in earnings and should compensate for impact on quality of life.
• Over time, Congress should eliminate the ban on concurrent receipt for all military retirees and for all service members who are separated from the military due to service-connected disabilities. Priority should be given to veterans who separate or retire with less than 20 years of service and a service-connected disability rating greater than 50 percent or disability as a result of combat.
• Payment offset should also be eliminated for survivors of those who die in service or retirees who die of service-related causes so that the survivors can receive both VA Dependency and Indemnity Compensation and DoD Survivors Benefit Plan.
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Our Commission's recommendations are in many ways similar to the intent of the Administration' s proposed legislation but we recommended stronger support for the families of those severely disabled and we would not restrict benefits such as family health care to those with serious injuries experienced in combat or combat-related circumstances. There is currently no commonly accepted or used definition for serious injuries but I feel that the definition proposed in the Administration' s proposal is too stringent. It is not clear to me that all veterans currently rated 100 percent would meet that proposed definition. In our review of those discharged as unfit from 2000 through 2006, only about 1,500 of 83,000 were rated by DoD as 100 percent disabled and only 5,000 were rated as 50 percent or higher.
We believe as a matter of principle that benefits should be based on the severity of disability, not on when or how the disability occurred.