After the entire first quarter of the
year has passed, with first Piddle and
then Diddle followed by an onslaught
of self-indulgent Fame Monkey Bills
and headlines from the Senate,
Senator Daniel Akaka has very likely
hit his first home run of the season.

The Veterans Compensation Equity
Act of 2008 may not be worded
as well as Senator Akaka intended it
to be worded, and in order to really
absorb what his intent was for this
legislation, you would then have to
go out to his very own press release
to find out what he himself says about
his own Bill and what he was thinking
at the time it was drafted.

He talks about "standardizing"
claims for Veterans and also,
fair and equal access to timely
ratings in the process. He appears
to be trying to FIX the evidence
standards to almost exclusively
the VA pharmacy trail and/or
any assistive devices such as
prosthetics or hearing aids for VA
Raters.

I'll be the first to say the
language on this could have been
more concise to Mandate the VA
Raters outright and directly to not
Piddle with these cases any further
and just to focus on the Pharmacy
and assistive devices as the all-telling
evidence standard.

The way the language sits, the VA
may try to do an end run on what
he actually MEANT, but my instincts
are telling me that the language
will be cleaned up before enactment.
I say to everyone to cross over
your readings to his press release
and see what he has said himself
in the press release.

Where he stumbles on language
is he talks about anything prescribed
by a healthcare provider "for a
service connected disability".
Well...how can it be prescribed for a
"service connected disability" if
it is not yet rated as such? (thus
the implied reason for the minimum
10% rating). It's a little fuzzy
and I am guessing here this will
be cleaned up prior to enactment
by Amendment either by the Committee
or on the floor vote.

Fixing the evidence standard and
imposing a minimum 10% does a couple
of things. It almost takes those
particular cases completely out of
the hands of both the VSO's and
the VA Raters. These are the only
2 key areas where either of them
have liberties in manipulating cases.

Once those liberties are fixed by
law, it pretty much sets up a case
ruling and rating outcome which drives
itself on automatic-pilot! Be sure
to NOT miss that hidden meaning here.

He is controlling the evidence standard,
and he is controlling the minimum rating.
The only liberties VA Raters will have
after that is a HIGHER rating than the
10% minimum mandated by the new law.
VSO's will not be needed because
the evidence standards are on-line
at the treating VAMC.

Virtually any newly inbound Veteran
who already has pharmacy and/or
prosthetics on board, will be able
to skate into an almost certain
and timely faster 10% minimum pending
only the other ratings of the case.
The Bill is an important signal to
VA Raters that Congress is fed up
with how they are Rating cases.

So what to do with this Bill, you ask?
Endorse it, push it through, and
ask for a slight correction on language.

Also ask and see if old and backlogged
cases are to be included in the
implementation, because this also
is not very clear from the language.
I am guessing backlogged cases are
to be covered by this Bill, but it
helps to be certain.

______________________________________


Veterans' Compensation Equity Act of 2008 (Introduced in Senate)

S 2825 IS


110th CONGRESS

2d Session

S. 2825

To amend title 38, United States Code, to provide a minimum disability rating for veterans receiving medical treatment for a service-connected disability.


IN THE SENATE OF THE UNITED STATES

April 7, 2008


Mr. AKAKA introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs


--------------------------------------------------------------------------------


A BILL To amend title 38, United States Code, to provide a minimum disability rating for veterans receiving medical treatment for a service-connected disability.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Veterans' Compensation Equity Act of 2008'.

SEC. 2. MINIMUM DISABILITY RATING FOR VETERANS RECEIVING CERTAIN MEDICAL TREATMENT FOR A SERVICE-CONNECTED DISABILITY.

Section 1155 of title 38, United States Code, is amended by inserting after the third sentence the following new sentence: `For each veteran requiring continuous medication or the use of one or more adaptive devices, such as a hearing aid, prescribed by the Department or other licensed health care provider for treatment of a service-connected disability, the Secretary shall assign a disability rating for such disability of not less than 10 percent.'.

_______________________________________


START OF THE AKAKA PRESS RELEASE


FOR IMMEDIATE RELEASE

Contact: Kawika Riley (Veterans’ Affairs)

April 7,2008 (202) 224-9126



AKAKA INTRODUCES VETERANS COMPENSATION EQUITY BILL

WASHINGTON, D.C. – Today, U.S. Senator Daniel K. Akaka (D-HI), Chairman of the Veterans’ Affairs Committee, introduced legislation to provide a minimum compensation level for veterans whose service-connected injuries require continuous medication or adaptive devices, such as hearing aids.

“Today, veterans who suffer a service-connected injury that requires continual medication or adaptive devices, like hearing aids, may not receive any disability compensation payments. It is important that all of these veterans be compensated in a fair and equitable manner. Veterans with similar disabilities should receive similar benefits,” said Akaka.

The Veterans’ Compensation Equity Act of 2008 would ensure a minimum 10 percent disability rating for all veterans whose service-connected disability requires continuous treatment. The provision is in line with a recommendation made by leading veterans service organizations in the Independent Budget.

Chairman Akaka’s floor statement on the legislation is copied below:

Today I introduce the proposed “Veterans’ Compensation Equity Act of 2008.” This legislation would mandate fair and equitable ratings for veterans whose disabilities require continuous medication or the use of adaptive devices, such as hearing aids.

Specifically, the bill would require that all veterans who receive continuous medication or require use of one or more adaptive devices, such as hearing aids, prescribed by the Department of Veterans Affairs or other licensed health care provider for treatment of a service-connected disability, shall be rated at not less than ten percent.

The amount of compensation veterans with service-connected conditions receive is based on a disability rating, which VA assigns. VA uses its Rating Schedule to determine which rating to assign to a veteran’s particular condition. Currently the Rating Schedule provides a minimum compensable rating of ten percent or higher for most but not all disabilities that require continuous medication. I do not see any reason why one veteran who requires continuous medication for treatment of a service-connected disability, such as diabetes or asthma, should receive a compensable rating and another veteran who requires continuous medication for treatment of another disability, such as hypertension or chronic sinusitis, is assigned a zero percent rating and receives no compensation.

This legislation would also provide a minimum compensable rating when a veteran requires the use of a hearing aid or other adaptive device, but is nonetheless assigned a noncompensable rating under the current Rating Schedule. The use of adaptive devices prescribed by a Department of Veterans Affairs or other licensed health care provider for treatment of a service-connected condition would result in a rating of at least ten percent.

It is important that veterans who are disabled as a result of military service are compensated in a fair and equitable manner. Providing different compensation for different medical conditions that all require continuous medication or adaptive devices is not just.

I urge all of my colleagues to support this measure, so that veterans seeking compensation will be treated in a fair and equitable manner.

-END-

_____________________________________________

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