[House Hearing, 115 Congress]
[From the U.S. Government Publishing Office]
LEGISLATIVE HEARING ON H.R. 888, H.R. 4335, H.R. 4910 AND H.R. 4958
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON DISABILITY ASSISTANCE AND MEMORIAL AFFAIRS
OF THE
COMMITTEE ON VETERANS' AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
TUESDAY, MARCH 20, 2018
__________
Serial No. 115-53
__________
Printed for the use of the Committee on Veterans' Affairs
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COMMITTEE ON VETERANS' AFFAIRS
DAVID P. ROE, Tennessee, Chairman
GUS M. BILIRAKIS, Florida, Vice- TIM WALZ, Minnesota, Ranking
Chairman Member
MIKE COFFMAN, Colorado MARK TAKANO, California
BRAD R. WENSTRUP, Ohio JULIA BROWNLEY, California
AMATA COLEMAN RADEWAGEN, American ANN M. KUSTER, New Hampshire
Samoa BETO O'ROURKE, Texas
MIKE BOST, Illinois KATHLEEN RICE, New York
BRUCE POLIQUIN, Maine J. LUIS CORREA, California
NEAL DUNN, Florida KILILI SABLAN, Northern Mariana
JODEY ARRINGTON, Texas Islands
JOHN RUTHERFORD, Florida ELIZABETH ESTY, Connecticut
CLAY HIGGINS, Louisiana SCOTT PETERS, California
JACK BERGMAN, Michigan
JIM BANKS, Indiana
JENNIFFER GONZALEZ-COLON, Puerto
Rico
Jon Towers, Staff Director
Ray Kelley, Democratic Staff Director
SUBCOMMITTEE ON DISABILITY ASSISTANCE AND MEMORIAL AFFAIRS
MIKE BOST, Illinois, Chairman
MIKE COFFMAN, Colorado ELIZABETH ESTY, Connecticut,
AMATA RADEWAGEN, America Samoa Ranking Member
JACK BERGMAN, Michigan JULIA BROWNLEY, California
JIM BANKS, Indiana KILILI SABLAN, Northern Mariana
Islands
Pursuant to clause 2(e)(4) of Rule XI of the Rules of the House, public
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C O N T E N T S
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Tuesday, March 20, 2018
Page
Legislative Hearing On H.R. 888, H.R. 4335, H.R. 4910 AND H.R.
4958........................................................... 1
OPENING STATEMENTS
Honorable Mike Bost, Chairman.................................... 1
Honorable Elizabeth Esty, Ranking Member......................... 1
WITNESSES
The Honorable J. Luis Correa, Member, U.S. House of
Representatives................................................ 2
The Honorable Austin Scott, Member, U.S. House of Representatives 3
Ms. Cheryl Rawls, Director, Pension & Fiduciary Service, Veterans
Benefits Administration, U. S. Department of Veterans Affairs.. 4
Prepared Statement........................................... 12
Accompanied by:
Ms. Lisa J. Pozzebon, Executive Director, Office of Cemetery
Operations, National Cemetery Administration, U. S.
Department of Veterans Affairs
Mr. Larry L. Lohmann, Assistant Director, National Legislative
Division, The American Legion.................................. 5
Prepared Statement........................................... 14
Mr. Carlos Fuentes, Director, National Legislative Service,
Veterans of Foreign Wars....................................... 7
Prepared Statement........................................... 16
STATEMENTS FOR THE RECORD
The Honorable Walter B. Jones, Member U.S. House of
Representatives................................................ 17
National Park Service, U.S. Department of the Interior........... 18
LEGISLATIVE HEARING ON H.R. 888, H.R. 4335, H.R. 4910 AND H.R. 4958
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Tuesday, March 20, 2018
U.S. House of Representatives,
Committee on Veterans' Affairs,
Subcommittee on Disability Assistance
and Memorial Affairs,
Washington, D.C.
The Subcommittee met, pursuant to notice, at 10:30 a.m., in
Room 334, Cannon House Office Building, Hon. Mike Bost
[Chairman of the Subcommittee] presiding.
Present: Representatives Bost, Esty, Correa and Scott.
OPENING STATEMENT OF MIKE BOST
Mr. Bost. Good morning, everyone. This hearing will come to
order. Thank you all for joining us today to discuss the
important legislation pending before the Subcommittee. The four
bills we will discuss today address issues that are very
important to veterans and their families. These bills would
expand eligibility for burial in national cemeteries to certain
spouses and children of servicemembers, streamline the delivery
of the DIC benefits to grieving family members, and extend
benefits to veterans who are buried in national park service
cemeteries.
We will also discuss a bill that I introduced with Ranking
Member Este, H.R. 4958, the Veterans Compensation Cost of
Living Adjustment Act of 2018. H.R. 4958 would give a cost of
living increase for veterans and their families who receive VA
disability compensation or other benefits. I am proud to say
that last year's COLA, which I also introduced with Ms. Este,
went into effect December 1st, 2017. And since COLAs are not
automatic, are not automatically provided for veterans'
benefits to each year, it is essential that we pass this bill
to ensure that veterans can keep up with the inflation to
maintain their standard of living and receive the benefits they
have earned. Of course, H.R. 4958 has my full support.
I know many of my colleagues here today have worked hard on
their proposals and I look forward to having a productive
discussion. Now, I am going to turn it over to Ms. Este for any
opening remarks she might have.
OPENING STATEMENT OF ELIZABETH ESTY
Ms. Esty. Thank you, Mr. Chairman. I am very happy to be
here this morning for the second legislative hearing this
Congress for the DAMA Subcommittee. I have learned a great deal
since I became Ranking Member of this Subcommittee and I feel
like we have done a lot of good work together. Last year's COLA
and the appeals modernization bill are two prime examples. So
thank you and your staff, Mr. Chairman, for the bipartisan way
in which you have approached our responsibilities here because
it is more productive for veterans and, frankly, for the
Congress as a whole. So thank you very much.
I won't review the four bills in detail before we begin.
But I did want to highlight that I strongly support H.R. 4958,
the Veterans Compensation Cost of Living Adjustment Act of 2018
sponsored by Chairman Bost and myself. I am very happy to have
joined again this year as the original co-sponsor. This bill
ensures that important veterans' benefits keep economic pace so
veterans with service-connected disabilities and their
surviving spouses who receive dependency and indemnity
compensation do not see their benefits eroded when the cost of
living increases.
I also want to welcome our Veterans Committee colleague
Louis Correa, whose bill H.R. 4335, the Service Member Family
Burial Act, is on the agenda today. This bill would make it
easier for a veteran's child or spouse to be buried in a
national veteran's cemetery or state cemetery when they
predecease a servicemember on Active duty. These can be very
tragic situations. And this will streamline a process being
handled now by VA on a case by case basis. The bill is broadly
supported by the veterans' service organizations and the VA,
and I urge of my colleagues to support it as well.
And I also want to welcome too our other colleagues here
today: Walter Jones, who I believe will be joining us, and
Representative Austin Scott to the Veterans Committee to
testify on behalf of their bills. I look forward to their
testimony and to the testimony of the VA and the VSOs. Thank
you all for being here. And with that, Mr. Chairman, I yield
back.
Mr. Bost. Thank you, Ms. Esty. And we are honored, as you
were mentioning--there we go, that is better. Thank you. We are
honored this morning to be joined by two of our colleagues. The
third may come along later. Any rate, Representative J. Louis
Correa of California and Representative Austin Scott of
Georgia. Welcome to both of you. We appreciate you taking the
time out of your day to be here with us and for sponsoring
legislation that will help our Nation's veterans.
We will be starting with--on the Full Committee we are
going to let--Mr. Correa is going to be on that speaking from
the dais. Mr. Correa, you are recognized for five minutes on
H.R. 4335.
OPENING STATEMENT OF J. LUIS CORREA
Mr. Correa. Thank you, Mr. Chairman Bost and Ranking Member
Esty, Members of the Committee for hosting--for holding this
most important hearing. And I do appreciate the opportunity to
speak on this bipartisan measure, H.R. 4335, known as the
Service Member Family Burial Act. I also want to thank my
colleague and friend Congressman Mike Coffman for his support
in this legislation.
Today, as you know, the National Cemetery Administration
processes requests for burial of deceased spouses and dependent
children of Active duty personnel in national cemeteries on a
case by case basis. The current process can be intrusive and
difficult, especially when you take into context what is going
on in a servicemember's life.
This bill adds predeceased spouses and dependent children
of Active duty personnel to the list of people eligible for
burial in national cemetery. It is a simple change, streamlines
the process. And if you think about the situation of Active
duty servicemen and women when they have a family member
predecease them, I believe this is a very important issue. And
I appreciate the opportunity to present. And I hope to count
with your support, Mr. Chairman.
Mr. Bost. Thank you. And now we would like to go to
Representative Scott. You will be speaking on--let me get this
right because the things got cut, there we go, 4910. You are
now recognized for five minutes.
OPENING STATEMENT OF AUSTIN SCOTT
Mr. Scott. Thank you, Mr. Chairman and Madam Ranking Member
and Members of the Subcommittee. Thank you for hosting me and
allowing me to speak today on what I hope to be a very simple
bill that will help people who are honored to be buried in our
veteran cemeteries. H.R. 4910, the Veteran Cemetery Benefit
Correction Act, it is an act that would require the Department
of the Interior to provide outer burial receptacles, also known
as grave liners, for veterans buried in cemeteries under the
control of the National Park Services.
Current law requires the United States Department of
Veterans Affairs to provide an outer burial receptacle to a
veteran buried in a national cemetery under the control of the
National Cemetery Administration, a branch of the VA.
Additionally, the VA can provide a reimbursement if the family
chooses to purchase one in lieu of a government furnished grave
liner. However, cemeteries under the control of the National
Park Services are not covered by this statute. And neither the
VA nor the National Park Services are able to provide this
benefit for veterans buried in those cemeteries.
The Veteran Cemetery Benefit Correction Act would amend the
law to require the Department of the Interior to provide an
outer burial receptacle for each new veteran's grave in a
national cemetery under the control of the National Park
Service. This bill would also provide for the reimbursement of
a veteran survivor who provides a privately purchased outer
burial receptacle for use in a National Park Service cemetery.
Of the fourteen national cemeteries controlled by the
National Park Services, there are two that are still active:
Andersonville National Cemetery in Georgia in Congressman
Sanford Bishop's district, and Andrew Johnson National Cemetery
in Tennessee in Congressman Phil Roe's district.
I am pleased that this is a bipartisan piece of
legislation. It is simply common sense that we would treat the
families in national parks the same as we treat those that are
buried in the other veteran cemeteries. And I would appreciate
your favorable consideration of this legislation.
Mr. Bost. Thank you, Representative Scott. And thank you
for being here today. We will forgo questions for our
colleagues at this time. Any questions may be submitted for the
record. Again, thank you for joining us here today and this
morning. You are now excused if you want to leave. And if not,
and you want to stay that is great too. I invite our second
panel to the table. Joining us today from the VA is Ms. Cheryl
Rawls who is the Director of Pension and Fiduciary Services for
Veterans Benefits Administration. Ms. Rawls is accompanied by
Ms. Lisa Pozzebon. Right? Who is Executive Director of the
Office of Cemetery Operations for the NCA. We are also joined
by Larry Lohmann, the Assistant Director of National
Legislative Division for The American Legion. And Mr. Carlos
Fuentes, the Director of the National Legislative Services of
Veterans of Foreign Wars. Thank you all for being here. Ms.
Rawls, you are now recognized for five minutes to present the
Department's testimony.
STATEMENT OF CHERYL RAWLS
Ms. Rawls. Good morning, Mr. Chairman and Members of the
Subcommittee. I am pleased to be here today to provide the
views of the Department of Veterans Affairs on pending
legislation affecting several of VA's programs. As you
mentioned, sir, accompanying me is Ms. Lisa Pozzebon, Executive
Director, Office of Cemetery Operations, National Cemetery
Administration.
All right so let's get to it. H.R. 888, Automatic
Enrollment for Dependency and Indemnity Compensation, DIC, for
survivors of certain totally disabled veterans. This bill
applies to veterans currently eligible for DIC under Section
1318-A of Title 38, which provides DIC to survivors, spouse or
child, of a veteran who is receiving compensation or entitled
to receive compensation for a service-connected disability
which was totally disabling. This bill would amend 1318 by
requiring the VA to treat a death notification the same as a
claim for DIC.
While VA is in tune to the intent of this bill, which is to
provide expeditious seamless claims process for these
beneficiaries who have lost loved ones, VA does not support the
bill for the following reasons. One, the bill could slow down
our process as we currently have the authority and means to
quickly pay those eligible under 1318 without the beneficiary
filing a claim. Two, although VA may already have the requisite
information to pay the DIC claim, the bill establishes a claim
for everyone covered under 1318 and would require contact and
development regarding the DIC claim. And lastly this bill
assumes eligibility and entitlement are the same. As the final
decision for a claim that we have established on behalf of the
beneficiary could possibly be denied by VA.
H.R. 4335, Service Member Family Burial Act. This bill
authorizes the Secretary to enter and provide a memorial
headstone or marker for placement in a national cemetery for
the spouse or child of Active duty personnel with service other
than dishonorable at the time of a spouse or child's death.
Providing there is documentation from a general court martial
convening authority. VA supports this bill, as it ensures that
Active duty servicemembers whose survivors die may bury their
loved ones in a VA national cemetery. We truly appreciate the
Committee taking up our proposal and we thank you.
H.R. 4910. This bill would require the Secretary of the
Interior to provide an outer burial receptacle for each new
grave in an open cemetery under the control of the National
Park Service. The bill calls for amending some of the authority
provided the Secretary of Interior and therefore the VA defers
to the Department of Interior regarding this bill.
Lastly, H.R. 4958, the Veterans Compensation Cost of Living
Adjustment Act of 2018. The bill requires the Secretary to
increase the rates of disability compensation in DIC by the
same percentage as any increase of social security benefits
effective on December the 1st 2018, as well as publish these
increased rates in the Federal registry. VA strongly supports
this bill, as it honors the sacrifice made by all service
disabled veterans and survivor.
Mr. Chairman and Members of the Subcommittee, thank you
again for having us here today to talk about these bills. We
truly appreciate the Committee taking up these proposals for
our Nation's veterans. This concludes my statement and we are
now happy to take any questions.
[The prepared statement of Cheryl Rawls appears in the
Appendix]
Mr. Bost. Ms. Rawls, thank you. Mr. Lohmann, you are
recognized for five minutes to give the testimony.
STATEMENT OF LARRY L. LOHMANN
Mr. Lohmann. Thank you, Chairman Bost. Chairman Bost,
Ranking Member Esty and distinguished Members of the
Subcommittee on Disability Assistance and Memorial Affairs. On
behalf of our National Commander, Denise H. Rohan and the two
million members of the American Legion I thank you for the
opportunity to testify regarding pending legislation before
this critical Committee.
The bills before you this morning are common sense
solutions, Mr. Chairman, and the American Legion is thankful
for your leadership in bringing these forward. In consideration
of time I'll briefly touch upon the burial benefit bills, H.R.s
4335 and 4910 and will primarily focus on H.R.s 888 and 4958.
As I have said H.R. 4335, the Service Member Family Burial
Act and H.R. 4910, the Veterans Cemetery Benefit Correction Act
are bills that simply codify common sense benefits earned by
those who have raised their right hand and taken the oath to
defend the US Constitution.
H.R. 4335 would amend Title 38 to include family members of
Active duty members of the armed forces. This bill streamlines
the application process for those on Active duty and eliminates
the need for waivers allowing grieving families additional time
to make proper arraignments during a difficult period. It just
makes sense.
In the same vein H.R. 4910 is a common sense law that
requires the Department of the Interior to provide outer burial
receptacles for veterans' remains buried in open cemeteries
under National Park Service Control. A deserved benefit earned
with a common sense law to provide for the benefit.
For nearly 100 years the American Legion has advocated on
behalf of our Nation's veterans, to include the awarding of
disability benefits associated with chronic medical conditions
related to selfless service to this Nation.
H.R. 4958, the Veterans Compensation Cost of Living
Adjustment Act of 2018, appropriately recognizes annual
increases to cost of living and increases benefits commensurate
with those cost increases for veterans with service related
medical conditions or veterans earning low incomes. For these
veterans and their family members this adjustment is tangible
benefit that meets the needs of the increasing cost of living
in a Nation they defended.
The American Legion is pleased to support H.R. 4958 in part
because it does not include two mechanisms we resolved to
oppose, consumer price indexing and round down provisions. The
American Legion particularly appreciates this bill does not
include round down provisions that have appeared in other
legislation recently, including President Trump's proposed
fiscal 2019 budget where veteran benefits would be rounded down
to the next whole dollar to save money. Rounding down is a
slippery slope that dilutes the value of future benefits.
Veterans should never have their benefits rounded down to
provide legislative fiscal ease to help offset the cost of
other government action. Veterans having served our Nation have
already paid the full price for those benefits and as such
should not have it diminished for accounting convenience.
Next the American Legion supports H.R. 888, a bill to
improve dependency and indemnity compensation for survivors of
certain totally disabled veterans. The American Legion has long
supported any action that makes filing claims easier for
veterans and their dependents. In 2015 the American Legion
opposed VA's standardization of forms eliminating the ability
for informal claims. Since that time the American Legion has
supported reinstating informal claims and adopted resolutions
to reach that end, as well as generally ease administrative
burden on veterans and their families.
This bill eases the burden currently existing on surviving
spouses and children or deceased veterans. Under current law
surviving spouses and children claimants must file a formal
claim form to start the claims process for disability and
indemnity compensation. This bill will improve and simplify the
application process for surviving spouses and children of
deceased veterans by requiring the VA to treat notification of
the veteran's death as a claim for disability and indemnity
compensation.
Through resolution number 377 the American Legion supports
legislation to enhance the quality of life for veteran's
dependents and their survivors. Because the reporting date of a
veteran's death is a date that can easily be ascertained by the
VA for claim establishment and adjudication purposes, this bill
is a common sense fail safe solution to help grieving
survivors.
In closing, the American Legion believes in common sense
solutions that help our Nation's veterans. Thank you again,
Chairman Bost, Ranking Member Esty and distinguished Members of
the Committee. I appreciate the opportunity to present the
American Legion's views and look forward to any questions that
you may have.
[The prepared statement of Larry L. Lohmann appears in the
Appendix]
Mr. Bost. Thank you, Mr. Lohmann. And Mr. Fuentes, you are
recognized for five minutes.
STATEMENT OF CARLOS FUENTES
Mr. Fuentes. Chairman Bost, Ranking Member Esty and Members
of the Subcommittee, on behalf of the men and women of the VFW
in our auxiliary I would like to thank you for the opportunity
to present our views on legislation pending before the
Committee.
The VFW supports H.R. 888, which would require the VA to
treat a notification of death of a veteran rated totally
disabled at the time of death as a claim by the veteran's
surviving spouse or children for DIC benefits. The VFW believes
this legislation would be a good step towards mitigating the
need for grieving survivors to file additional paperwork to
receive their DIC benefits.
The VFW supports the Service Members Family Burial Act,
which would require VA to provide headstones and markers for
deceased spouses and dependent children of members of the armed
forces serving on Active duty. Currently spouses and dependent
children who proceed their Active duty servicemember in death
are authorized in a case by case basis to be interred in
national cemeteries. However, the process requires the approval
of the Undersecretary of Memorial Affairs and often requires
the Active duty servicemember to submit information that may be
intrusive and taxing, especially at a time of mourning. Which
also leads to unnecessary delays. Our brave men and women in
uniform deserve a better process to honor their deceased loved
ones. This bill would rightfully remove unnecessary barriers to
ensure servicemembers can spend an eternity with their loved
ones.
The VFW supports the Veterans Cemetery Benefits Correction
Act, which would require the Secretary of Interior to provide
outer burial receptacles to those who wish to be entered in
cemeteries under the jurisdiction of the National Park Service.
Currently both VA and DoD are required to provide this benefit,
but the National Park Service is not. There are two active
cemeteries currently administered by the National Park Service
that are open for new internments. Veterans who chose to be
buried at these cemeteries deserve the same honor of those who
are buried in VA and DoD cemeteries.
The VFW supports the Veterans Compensation Cost of Living
Adjustment of 2018, which would adjust VA benefits for veterans
and survivors to keep pace with inflation. Disabled veterans
and surviving spouses and children depend on VA benefits to
bridge the gap of lost earnings caused by a veteran service
disability. Yet each year they wait anxiously to find out if
their benefits will keep pace with the rate of inflation
because there is no automatic trigger that increases these
forms of compensation for veterans and their dependents. It
should not take an act of Congress to provide the same
adjustment that is automatically granted to social security
beneficiaries. The VFW is glad this bill would include
automatic COLA increases based on the percentage increase under
the Social Security Act.
Mr. Chairman, this concludes my testimony. I'm happy to
answer any questions you may have.
[The prepared statement of Carlos Fuentes appears in the
Appendix]
Mr. Bost. We have a full agenda today, so I'm going to
limit the time to five minutes. And I would start--I will start
the questioning. Ms. Rawls, please elaborate on your testimony
as to why it is important for congress to pass H.R. 4958, the
Veterans Compensation Cost of Living Adjustment Act for 2018.
Ms. Rawls. Thank you very much for the question. I will
tell you that the veterans have sacrificed so much and their
survivors that it is important for us to allow them to continue
to maintain their standards of living to keep pace with
everyone else and to be treated the same as those who are
receiving social security benefits.
Mr. Bost. Thank you. And my second question is, Ms. Rawls,
the VA usually knows when a service-connected veteran has
surviving dependents. Can you please explain why the Department
believes it would be--would harm families to set automatic
convert compensation benefits to DIC for eligible surviving
families and PNT veterans.
Ms. Rawls. Thank you very much, Mr. Chairman, for that
question. So currently the way the legislation is written is
that it only deals with 1318-A. That piece covers three types
of veterans, POWs, those at 100 percent service-connected and
they have that within--they have been 100 percent service-
connected for ten years, or those who have recently departed
the military and they have been out for less than five years
and they have succumbed to their service-connections.
The other piece to that is that we need to have the spouse
of record on hand and that spouse of record needs to be that
spouse of record for a year. We currently right now pay 53
percent of those claims automatically without having anyone
file a claim based upon the information that we have in our
systems. The only time that we are sending out this information
is if we are not able to verify the spouse of record, if we
don't have it on there for a year, or if it is in a estate
where there's no one there no one there, or if it is a child
and we need to see who is going to be that person taking over
that child. So that is why we have that 47 percent that we
can't pay, but we send them information. If we were to
establish that claim for those that we are able to pay, then we
are asking them to do something that they really don't need to
do because we have the information on record, sir.
Mr. Bost. Okay. Thank you. That is important to know. Ms.
Pozzebon, can you explain the purpose of an outer burial
receptacle?
Ms. Pozzebon. Sure. The purpose of an outer burial
receptacle is essentially to provide stability in the grave.
And so while it provides a limited protection to the remains
that interned within it, it is not necessarily designed for
preservation as much as it is stability of the grave so that
the grave doesn't collapse.
Mr. Bost. Okay. So is this what we would know as a vault or
not?
Ms. Pozzebon. A vault is generally something different. And
a vault can be a little more of a significant structure that
can provide a little bit more of that protection that I was
talking about.
Mr. Bost. Okay.
Ms. Pozzebon. And that is why sometimes families opt for a
vault. They can be made of stronger materials and lined so that
it will preserve the remains a little bit longer than an outer
burial receptacle would.
Mr. Bost. Well, there are currently two open veteran
cemeteries administrated by the National Park Service. I know
one of those is Chairman Roe's district. Would it be
significant administrative burden for the VA to provide outer
burial receptacles for veterans who choose to be interned into
those cemeteries?
Ms. Pozzenbon. The issue is more that we do not have the
statutory authority to provide those outer burial receptacles
to the Park Service for use for veterans. So we do provide them
in our cemeteries, as does Arlington, but we don't have that
ability. We certainly would be willing to work with them and
help them, you know, implement a similar program as called for
under this legislation.
Mr. Bost. Okay. Thank you. The next question, I am going to
do it real quickly here. This is for the VO witnesses. Based on
your experience please share your perspective on why veterans
should get a cost of living increase next year if social
security beneficiaries get on. Mr. Lohmann or either one.
Mr. Lohmann. Thank you, Chairman Bost. Generally we support
any benefit that would help a veteran that helps with their
cost of living. And this obviously raises it to keep up with
inflation and helps maintain a standard of living that they
have become accustomed to.
Mr. Lohmann. Yeah, I would just echo Mr. Fuentes' statement
that we would really prefer it to be automatic as well and
remove it from the equation and take veterans out of the
debate.
Mr. Bost. Mr. Fernandez, I would assume that your answer is
pretty well the same.
Mr. Fuentes. Yes. You know, price of gas and general goods
increase, so should the benefits.
Mr. Bost. Thank you. And my time has expired. Ranking
Member Esty, you are recognized for five minutes.
Ms. Esty. Thank you, Mr. Chairman. Again, thank you for
joining us here today. I wanted to follow up, Ms. Rawls, with
the conversation you were having with the Chairman. We are
striving for efficiency. I do have a concern you indicated that
this would slow things down to file claims. And you also--but
what you didn't answer is a question I have is what happens if
you have a surviving dependent that doesn't file a claim, would
they receive anything? What if they're not in your system? What
if the records are out of date or inaccurate and that person
doesn't file, wouldn't they then not receive any compensation
under what you are proposing that we allow to continue?
Ms. Rawls. So thank you very much, ma'am, for the question.
And absolutely there could be that circumstance. Right now
whenever we are notified of a veteran's death the home of
record that we have in our database if we are not able to apply
1318-A to that person, then we do send them out information as
to how to file a claim and what their benefits consist of.
Ms. Esty. Well, I hope you will work with us on trying to
get the efficiency that we have for spouses to be eligible for
children as well. I think that is our shared goal. And you have
raised some issues here today, but I think we have raised some
back that merit further conversation and figuring out a way to
make this as easy as possible. It is a ten-page form. We are
hearing from constituents that this is a problem. They find it
difficult, they find it offensive to have to go through this. I
have to believe there is a better way than where we are now. I
think we--I know the Chairman shares that assessment, our
colleagues do too. So I hope you will work with us on that and
with the VSOs. I will note for the record nodding their heads
that this is something that we should better.
Because part of it is about efficiency, but also
recognizing the trauma and the loss that is reflected here. And
we--it is human nature that people may have difficulty filling
out those forms at that time and they shouldn't be penalized
for that. We should find a more efficient way of proceeding.
Ms. Pozzebon, you--I want to, again, pick up with where the
Chairman left off. So it is--is it your opinion and read of the
law that Congress does need to act in order to empower VA to
really effectively work with the Park Service to provide
appropriate burial for veterans who chose to be buried in these
important national sites?
Ms. Pozzebon. So, yeah, so currently the statutory
authority the way it is written allows--it requires that the
Secretary provide the outer burial receptacle for veterans who
choose to be buried in a national cemetery under the control of
the National Cemetery Administration. So if we were to provide
them, yes, that would, you know, language would need to be
changed in order for that occur.
Ms. Esty. Thank you. I realize for anybody watching this it
may seem like a technicality, but it matters a lot to our
veterans. And we know we have challenge--space limitations and
challenges in some of our national veteran cemeteries. And for
those who choose to be buried in these really beautiful sites
that may be close to home we want to facilitate that for
veterans who make that choice and empower the VA to properly
provide for the remains of veterans who choose that. So I think
that looks like something we absolutely need to be passing
through this Committee.
To Mr. Lohman and Mr. Fuentes, you got short thrift there
in making the case to let people know why it is so important
for our veterans to receive this cost of living increase, which
is not automatic in the same way that it is for social
security. So we are going to start with Mr. Fuentes who got--
who went second last time. Thank you.
Mr. Fuentes. Thank you, ma'am. And, you know, I think what
is very important that's included in here is the fact that it
is automatic. Because you have veterans who are really just
waiting and hoping that Congress is able to act that year so
that they are able to afford the increases in their electricity
and gas and food and all of those basic necessities, right.
Those increase, their benefits must increase as well and it
shouldn't take an act of Congress for it to do so.
Ms. Esty. Amen, yes. And we agree with you that it should
be automatic. And we would prefer that it return to a point it
is automatic, that is as it ought to be. Mr. Lohmann.
Mr. Lohmann. Yeah, I would just echo Mr. Fuentes' statement
that we would really prefer it to be automatic as well and
remove it from the equation and take veterans out of the
debate.
Ms. Esty. Absolutely. I want to thank again the four of you
for joining us here today. And I know the Chairman and I
absolutely if we had that magic wand we would wave it and make
it automatic. Right now where we are at this point in Congress
this is what we can do is what we are doing. But don't mistake
our commitment to try to get this rectified so it is permanent.
It ought to be permanent, it ought to be automatic. Thank you
very much.
Mr. Bost. Okay. If there are any other further questions
for our second panel you are excused, but thank you to everyone
for joining us here today, for sharing your views with the
Subcommittee. Your testimony provides us with important insight
into those proposed as we move forward with this legislative
process.
I ask unanimous consent that all written statements
provided by the--for the record be included in the hearing
record. I also ask unanimous consent that all Members have five
legislative days to revise and extend the remarks and include
continuous material of any of all of the bills under
consideration this afternoon. Without objection, so ordered.
This hearing is now adjourned.
[Whereupon, at 3:25 p.m., the Subcommittee was adjourned.]
A P P E N D I X
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Prepared Statement of Cheryl Rawls
Mr. Chairman and Members of the Subcommittee, I am pleased to be
here today to provide the views of the Department of Veterans Affairs
(VA) on pending legislation affecting VA's programs. Accompanying me
today is Ms. Lisa Pozzebon, Executive Director, Office of Cemetery
Operations, National Cemetery Administration (NCA).
H.R. 888
Section 1318 of Title 38, United States Code (U.S.C.), provides for
dependency and indemnity compensation (DIC) for survivors of a Veteran
who received or was entitled to receive compensation for a service-
connected disability that was rated totally disabling for a certain
amount of time immediately preceding death. H.R. 888 would amend
section 1318 to require the Secretary of Veterans Affairs to treat
notification of a Veteran's death as a DIC claim by the surviving
spouse and children of the deceased Veteran, and would preclude the
Secretary from requiring the spouse and children to file a claim for
such benefits.
VA does not support H.R. 888 because VA currently has the means to
promptly provide DIC to eligible survivors. Under 38 U.S.C. Sec.
5101(a)(1)(B), VA may pay DIC or pension to a survivor of a Veteran who
has not filed a formal claim if the record contains sufficient evidence
to establish the survivor's entitlement to such benefits. The effective
date of the survivor's claim is the date on which the survivor notifies
VA of the death of the Veteran by means of a death certificate or other
relevant evidence that establishes entitlement, or the date on which
the head of any other U.S. Government department or agency notifies VA
of the Veteran's death. The statute specifically states that, in
notifying VA of the Veteran's death, the survivor or the survivor's
representative may submit additional documents relating to the death
``without being required to file a formal claim.'' This proposed
amendment is not applicable to Active duty deaths. It is specific only
to 38 U.S.C. Sec. 1318 and therefore, it is only applicable to those
Veterans who meet the requirements under section 1318. Veterans who
meet section 1318 requirements have been released from Active duty and
are already in receipt of VA compensation benefits.
In addition, when VA receives notice of a Veteran's death, the
Veterans Benefits Administration provides the Veteran's next-of-kin
with notice of the benefits to which he or she may be eligible and
instructions on how to apply for VA benefits. Also, under VA
regulations, 38 Code of Federal Regulations section 3.155(b), a DIC
claimant could submit an intent to file a claim for VA benefits, and
upon receipt of the intent to file a claim, VA would furnish the
claimant with the appropriate applicable form. If VA receives a formal
claim within 1year of receipt of the intent to file a claim, the
completed claim would be considered filed as of the date the intent to
file a claim was received.
Finally, even if H.R. 888 were enacted, VA would be required, in
some instances, to collect information from the survivor to establish
entitlement to DIC, and as a result, VA would not be able to pay DIC to
the survivor until evidence sufficient to establish entitlement is
received.
We agree that the statute does not require VA to start paying DIC.
However, VA already has in place expedited payment of DIC under section
1318 to a surviving spouse without the filing of a claim when there is
sufficient evidence of record to establish entitlement to the benefit.
Therefore, VA does not feel the amendment is necessary to achieve the
desired effect of the amendment.
Additionally, upon notification of the death of a Veteran who is
receipt of VA benefits, VA provides notification either to the estate
or surviving spouse, if of record. This notification informs the
recipient of all potential benefits and how to apply for them.
Finally, although the report of death will generate a claim and VA
review, the collection of evidence needed that will be unavailable at
the time of review will require VA to have to wait to substantiate or
finalize a claim. This has the potential to create a workload that VA
cannot address, let alone complete, because the required evidence
doesn't exist in VA's record and may not be provided.
No benefit or general operating expenses would be associated with
H.R. 888.
H.R. 4335
H.R. 4335, the ``Servicemember Family Burial Act,'' would authorize
the Secretary to provide a memorial headstone or marker for placement
in a national cemetery for the spouse or child of a member of the Armed
Forces serving on Active duty under conditions other than dishonorable,
as shown by a statement from a general court-martial convening
authority, at the time of the spouse or child's death. The bill would
also authorize VA to inter in a national cemetery under NCA control,
the spouse, minor child and, in the Secretary's discretion, unmarried
adult child of a member of the Armed Forces serving on Active duty
under conditions other than dishonorable, as shown by a statement from
a general court-martial convening authority, at the time of the death
of the spouse or child. By adding these individuals to the list of
those eligible for interment in a national cemetery in section
2402(a)(5), VA would also be able to provide a headstone or marker for
the grave of such individuals if they are buried in a state Veterans'
cemetery as provided in 38 U.S.C. Sec. 2306(a)(4).
VA supports H. R. 4335 because it ensures that Active duty
Servicemembers whose survivors die may bury their loved ones in a VA
national cemetery. NCA currently processes requests for burial of
spouses and eligible dependent children of Active duty Servicemembers
in VA national cemeteries on a case-by-case basis pursuant to the
Secretary's discretionary authority in 38 U.S.C. Sec. 2402(a)(6). H.R.
4335 would eliminate the need for such review of each burial request
for a deceased spouse or dependent child of an Active duty
Servicemember, thus eliminating any delay in a burial decision.
Enactment of H. R. 4335 would result in total benefit costs of
$25,000 in fiscal year (FY) 2019; $122,000 over 5 years; and $239,000
over 10 years. Additionally; Enactment of H. R. 4335 would result in
total discretionary burial operation costs of $18,000 in FY2019;
$94,000 over 5 years, and $198,000 over 10 years.
H.R. 4910
H.R. 4910, the ``Veterans Cemetery Benefit Correction Act,'' would
require the Secretary of the Interior to provide an outer burial
receptacle for each new grave in an open cemetery under the control of
the National Park Service. The bill would amend 38 U.S.C. Sec. 2306(e)
to authorize the Secretary of the Interior to promulgate regulations or
procedures governing the use of outer burial receptacles in a National
Park Service Cemetery, including regulations specifying the amount of
administrative costs incurred by the Secretary of the Interior that
must be paid by survivors if an outer burial receptacle is provided in
lieu of a grave liner and providing for the use of a voucher system or
other system of reimbursement for payment for outer burial receptacles.
VA defers to the Department of the Interior on H.R. 4910.
H.R. 4958
H.R. 4958, the ``Veterans' Compensation Cost-of-Living Adjustment
Act of 2018,'' would require the Secretary to increase the rates of
disability compensation and DIC by the same percentage as any increase
to Social Security benefits effective on December 1, 2018. The bill
would also require VA to publish these increased rates in the Federal
Register.
VA strongly supports this bill because it would express, in a
tangible way, this Nation's gratitude for the sacrifices made by our
service-disabled Veterans and their surviving spouses and children. The
bill would also ensure that the value of these benefits keeps pace with
increases in consumer prices.
VA estimates the cost of this bill would be $1.6 billion in FY2019;
$10 billion over 5 years; and $22 billion over 10 years. However, the
cost of these increases is included in VA's baseline budget because VA
assumes that Congress will enact a cost-of-living adjustment each year.
Therefore, enactment of H.R. 4958 would not result in additional costs,
beyond what is included in VA's baseline budget.
This concludes my statement, Mr. Chairman. We would be happy now to
entertain any questions you or the other Members of the Subcommittee
may have.
Prepared Statement of Larry Lohmann
Chairman Bost, Ranking Member Esty, and distinguished members of
the Committee; On behalf of our National Commander, Denise H. Rohan,
and the over 2 million members of The American Legion, we thank you for
this opportunity to testify regarding The American Legion's positions
on pending legislation before this Committee. Established in 1919, and
being the largest veteran service organization in the United States
with a myriad of programs supporting veterans, we appreciate the
Committee focusing on these critical issues that will affect veterans
and their families.
H.R. 888
To amend title 38, United States Code, to improve dependency and
indemnity compensation for survivors of certain totally disabled
veterans.
This bill will improve and simplify the application process for
surviving spouses and children of deceased veterans by requiring the
Department of Veterans Affairs (VA) to treat notification of the
veteran's death as a claim for Disability and Indemnity Compensation
(DIC).
The American Legion has long supported any action that makes filing
claims easier for veterans and their dependents. In 2015, The American
Legion opposed VA standardization of forms eliminating the ability for
informal claims. Since that time, The American Legion has supported
reinstating informal claims and adopted resolutions to reach that end
as well as generally ease administrative burdens on veterans and their
families. This bill eases the burden currently existing on surviving
spouses and children of deceased veterans.
Under current law, surviving spouses and children claimants must
file a formal claim form to start the claims process for DIC. If the
claim is filed within one year of the veteran's death and granted, the
VA will then pay retroactive benefits back to the date of the veteran's
death. Otherwise, claims granted that were filed after one year from
the date of death are only paid back to the date of claim. Regrettably,
there are too many cases where grieving spouses and/or children
promptly notified VA of the death of the veteran, but were not informed
to file for DIC benefits within one year of the death. Consequently,
many survivors have lost years of retroactive benefits because they did
not know to file a claim for DIC.
Through Resolution No. 377, The American Legion supports
legislation to enhance the quality of life for veterans, dependents,
and their survivors. \1\ Because the reporting date of a veteran's
death is data that can be easily tracked by VA for claim establishment
and adjudication purposes this bill is a common sense ``fail-safe''
solution to help grieving survivors during their greatest time of need,
and ensures retroactive DIC benefits are not lost they may be otherwise
entitled to.
---------------------------------------------------------------------------
\1\ American Legion Resolution No. 377: Support for Veteran Quality
of Life
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The American Legion supports H.R. 888.
H.R. 4335: Servicemember Family Burial Act
To amend title 38, United States Code, to provide for headstones
and markers for, and interment in national cemeteries of, deceased
spouses and dependent children of members of the Armed Forces serving
on Active duty, and for other purposes.
The American Legion through its National Cemetery Committee has
formulated and recommended policies, plans, and programs related to the
VA national cemeteries, and the interment of veterans, military
members, and their dependents. The American Legion believes that all
veterans, Active duty members, and their families should be honored
with final resting places with honor and lasting tributes for their
service to our Nation. We believe that all veterans and their eligible
family members have earned burial benefits including a gravesite in any
national cemetery with available space, or a VA-funded state or tribal
cemetery including; the opening and closing of the grave; grave liner;
government headstone or marker; and perpetual care of the grave at no
cost to the family.
Currently, the National Cemetery Administration (NCA) already
provides headstones and markers for, and interment in national
cemeteries, to eligible family members of Active duty personnel at the
time of need, but it is not codified in statute. NCA is able to provide
the benefit through a waiver process when an application is received.
HR 4335 would amend Section 2306(b)(2) of title 38 to include members
of the Armed Forces on Active duty. With the passage of this bill, the
application process for Active duty members will be streamlined with
the elimination of the waiver request, which will allow the family
additional time to make proper arrangements during a difficult time.
Similarly, in adopting this law this would make the authority NCA is
currently relying on obsolete.
Through Resolution No. 377, The American Legion supports
legislation to enhance the quality of life for veterans, dependents,
and their survivors. Codifying this to make this benefit permanent for
Active duty members of the Armed Forces is common sense and the right
thing to do for their service to our country.
The American Legion supports H.R. 4335.
H.R. 4910: Veterans Cemetery Benefit Correction Act
To amend title 38, United States Code, to provide outer burial
receptacles for remains buried in National Parks, and for other
purposes.
The American Legion's National Cemetery Committee formulates and
recommends to the National Executive Committee, through the Veterans
Affairs & Rehabilitation Commission, policies, plans and programs as
they relate to Department of Veterans Affairs' national cemeteries, and
the interment of veterans, military and their dependents. This includes
Arlington National Cemetery administered by the Department of the Army.
The National Park Service (NPS) currently controls 14 national
cemeteries, although only two are still active, i.e., Andersonville
National Cemetery in Georgia and Andrew Johnson National Cemetery in
Tennessee. Veterans who wish to be buried at these two cemeteries must
pay the cost of their own outer burial receptacle (OBR). Veterans
buried in national or state cemeteries controlled by the VA's National
Cemetery Administration (NCA) are provided an OBR at no cost. This gap
in benefits creates an undue burden of expense.
The American Legion supports this bill because it aims to ensure
that veterans receive the same level of benefits and is consistent with
American Legion Resolution No. 146, which urges Congress to review
current legislation and public laws to ensure that veterans' benefits
are provided equitably and consistently for all veterans. \2\
---------------------------------------------------------------------------
\2\ Resolution No. 146: Veterans Receive Same Level of Benefits
---------------------------------------------------------------------------
The American Legion supports H.R. 4910.
H.R. 4958: Veterans' Compensation Cost-of-Living Adjustment Act of 2018
To increase, effective as of December 1, 2018, the rates of
compensation for veterans with service-connected disabilities and the
rates of dependency and indemnity compensation for the survivors of
certain disabled veterans, and for other purposes.
This bill will provide a Cost of Living Allowance (COLA) effective
December 1, 2018. Disability compensation and pension benefits awarded
by the VA are designed to compensate veterans for medical conditions
due to service or those who earn below a designated income threshold.
H.R. 4958 appropriately recognizes annual increases to costs of living,
and increases benefits commensurate with those cost increases.
For nearly 100 years, The American Legion has advocated on behalf
of our Nation's veterans, to include the awarding of disability
benefits associated with chronic medical conditions manifest related to
selfless service to this Nation. Annually, veterans and their family
members are subjects in the debate regarding the annual cost of living
adjustment for these disability benefits. For these veterans and their
family members, COLA is not simply an acronym or a minor adjustment in
benefits; instead, it is a tangible benefit that meets the needs of the
increasing costs of living in a Nation they defended.
The American Legion is pleased to support this bill, in part
because it does not include two mechanisms we are resolved to oppose,
Consumer Price Indexing and ``round down'' provisions. The American
Legion opposes using any Consumer Price Index that would reduce the
annual cost-of-living adjustment for military retirees, veterans
receiving Social Security benefits or VA beneficiaries. \3\ Similarly,
The American Legion also appreciates this bill does not include
``round-down'' provisions, where veterans' benefits would be rounded-
down to the next whole dollar to save money. Rounding down is a
slippery slope that dilutes the value of future benefits. Veterans
should never have their benefits ``round down'' to provide legislative
fiscal ease to help offset the cost of creating or expanding additional
benefits elsewhere under Title 38.
---------------------------------------------------------------------------
\3\ American Legion Resolution No. 164: Oppose Lowering of Cost-of-
Living Adjustments
---------------------------------------------------------------------------
The American Legion supports legislation to provide a periodic
cost-of-living adjustment increase and to increase the monthly rates of
disability compensation. \4\
---------------------------------------------------------------------------
\4\ American Legion Resolution No. 187: Department of Veterans
Affairs Disability Compensation
---------------------------------------------------------------------------
The American Legion supports H.R. 4958.
CONCLUSION
As always, The American Legion thanks this Subcommittee for the
opportunity to elucidate the position of the 2 million veteran members
of this organization. For additional information regarding this
testimony, please contact Mr. Larry Lohmann, Assistant Director of The
American Legion's Legislative Division at (202) 861-2700 or
[email protected].
Prepared Statement of Carlos Fuentes
Chairman Bost, Ranking Member Esty and members of the Subcommittee,
on behalf of the men and women of the Veterans of Foreign Wars of the
United States (VFW) and its Auxiliary, thank you for the opportunity to
provide our remarks on legislation pending before the Subcommittee.
H.R. 888, to improve dependency and indemnity compensation for
survivors of certain totally disabled veterans.
The VFW supports this legislation, which would require the
Department of Veterans Affairs (VA) to treat a notification of the
death of a veteran rated totally disabled at the time of death as a
claim by the veteran's surviving spouse and children for dependency and
indemnity compensation (DIC) benefits.
DIC is a monthly benefit that is paid to eligible survivors of
servicemembers who died while on active-duty training or inActive duty
training; veterans whose death resulted from service-connected
conditions; and veterans with a disability rating of total and
permanent at time of death. Currently, once eligibility is established,
the beneficiary must complete a 10-page claim form and mail it into the
Pension Management Center (PMC) that has jurisdiction over their state.
This process can take months to complete and often leaves the
beneficiary confused and frustrated.
The VFW feels that this legislation would be a good step toward
mitigating the need for grieving survivors to file additional paperwork
to receive DIC. In light of this, we are curious as to how VA plans on
implementing this change.
Ideally, the Office of Information Technology (OIT) should be
responsible for automating the process to ensure that DIC claims for
those who are affected by this legislative change would be adjudicated
separately from standard DIC claims. Doing so would guarantee that the
process operates as efficiently as possible, but also prevent a
substantial backlog at the regional PMCs.
H.R. 4335, Servicemember Family Burial Act
The VFW supports this legislation, which would require the
Department of Veterans Affairs (VA) to provide headstones and markers
for, and interment in national cemeteries of, deceased spouses and
dependent children of members of the Armed Forces serving on Active
duty.
Spouses and dependent children of Active duty servicemembers are
eligible for burial at cemeteries maintained by the National Cemetery
Administration (NCA) in the event that they proceed the servicemember
in death. However, this is only done on a case-by-case basis, with the
approving authority resting in the hands of the Under Secretary for
Memorial Affairs. According to NCA, this process often requires the
active-duty servicemember to submit information that may be considered
intrusive and taxing, especially at a time of mourning, and can lead to
a delay in the final adjudication process.
Given the anticipated population that would now be eligible under
this proposal, it is expected that NCA burials would only increase by
approximately 50 burials a year due to the overall health and age of
this population. In reviewing the number of exceptions that NCA has
made over the past 50 years, this number has remained extremely
consistent. Last year, for instance, there were 43 exceptions granted
by NCA.
H.R. 4910, Veterans Cemetery Benefit Correction Act
The VFW supports this legislation, which would require the
Secretary of the Interior to provide outer burial receptacles to those
who wish to be interred in cemeteries under the jurisdiction of the
National Park Service (NPS).
Currently, both VA and the Department of Defense (DoD) are required
to provide outer burial receptacles for remains that are going to be
interred in either a VA national cemetery or a DoD cemetery, such as
Arlington National Cemetery. The next of kin may choose to purchase and
use a private outer burial receptacle, rather than use the government-
furnished grave liner and receive a monetary allowance equal to the
average cost to the government of a grave liner, less administrative
costs.
However, in the cemeteries that fall under NPS jurisdiction, there
is no offset or reimbursement provided to the family of the veteran,
even in cases where the NPS cemetery is the most viable location for
the family. Currently, NPS manages 14 national cemeteries. Eleven of
these cemeteries were transferred from the War Department to the
Department of the Interior by Executive Order No. 6166 in 1933. Three
national cemeteries were authorized or transferred after 1933. These
cemeteries represent a continuum of use dating to a period before the
establishment of the historical parks of which they are an integral
part, and are administered to preserve the historic character,
uniqueness, and solemn nature of both the cemeteries and the historical
parks.
National cemeteries administered by NPS are classified as either
``active'' or ``closed.'' Active cemeteries have casket or cremation
gravesites available for first interments. A first interment is the
initial burial of human remains following the death of the individual.
Closed cemeteries have no available unreserved gravesites for either
casket or cremation first interments, but may inter eligible family
members in the same gravesite as previously interred individuals.
There are two active national cemeteries currently administered by
the NPS that are open for new interments: Andersonville and Andrew
Johnson National Cemeteries. Unlike cemeteries under VA jurisdiction,
NPS is under no obligation to provide a grave liner. The VFW agrees
that veterans who choose to be buried at these cemeteries deserve the
same honor as those who are buried in VA and DoD cemeteries.
H.R 4958, Veterans' Compensation Cost-of-Living Adjustment Act of 2018
The VFW strongly supports this legislation which would increase the
cost-of-living allowance (COLA) for veterans and survivors receiving
disability compensation, DIC, clothing allowance, and other VA
benefits.
Disabled veterans, along with their surviving spouses and children,
depend on VA benefits to bridge the gap of lost earnings caused by the
veteran's disability. However, each year veterans wait anxiously to
find out if their benefits will keep pace with the rate of inflation.
Currently, there is no automatic trigger that increases these forms of
compensation for veterans and their dependents. It should not take an
act of Congress to provide the same adjustment that is automatically
granted to Social Security beneficiaries.
The VFW is glad this bill would authorize automatic COLA increases
based on the percentage increases under the Social Security Act. The
VFW is confident that this legislation will provide millions of
veterans with an added layer of financial security.
Mr. Chairman, this concludes my testimony. Again, the VFW thanks
you and Ranking Member Esty for the opportunity to testify on these
important issues before this Subcommittee. I am prepared to take any
questions you or the Subcommittee members may have.
Statements For The Record
HONORABLE WALTER JONES
Hearing statement of Congressman Walter B. Jones on H.R. 888 before
the House Veterans' Affairs Subcommittee on Disability Assistance and
Memorial Affairs.
Mr. Chairman, Ranking Member, and distinguished members of this
Subcommittee, I respectfully submit this statement to you in support of
H.R. 888, a bill to improve Dependency and Indemnity Compensation (DIC)
for survivors of certain totally disabled veterans. This bill will
reduce the administrative burdens on grieving family members, and
ensure that they receive the benefits that they are entitled to as
quickly and expeditiously as possible.
Dependency and Indemnity Compensation is a tax free monetary
benefit paid to eligible survivors of military servicemembers who died
in the line of duty, or whose death resulted from a service-related
injury or disease.
Currently, after reporting the death of a totally disabled family
member, survivors are then required to apply for DIC by filling out a
lengthy 12 page form. This form consists of information that the VA
already possess, and results in a gap in payment while the form is
processed. In cases where the surviving family members fail to fill out
the correct form, no compensation is ever provided.
This process presents an unnecessary financial burden on grieving
families, as well as an increased administrative workload for the VA.
Not only does the form need to be processed, but survivors often
require the assistance of Veterans Service Officers to fill it out. In
some extreme cases, it can take between 18 and 24 months for the VA to
start paying DIC to the family members as a result of this arduous
process.
This unnecessarily onerous procedure was first brought to my
attention by my Military and Veterans Advisor, Jason Lowry, who had
assisted a number of my constituents through the very same process. As
he worked with a Retired Affairs Officer from the Marine Corps, Luis
Alers, he discovered a more efficient alternative, which is laid out in
this legislation.
H.R. 888 will streamline the process by requiring the VA to
immediately treat a notification of the death of a totally disabled
veteran as a claim by the veteran's surviving spouse and children for
dependency and indemnity compensation benefits. The VA may not require
that such spouse and children file a claim for benefits - They are
automatically ``opted in.'' This will ensure that surviving family
members receive their rightful compensation quickly, as well as reduce
administrative requirements on the VA.
I urge you to support H.R. 888 and join me in maintaining the
promise of Abraham Lincoln, ``to care for him who shall have borne the
battle and for his widow, and his orphan.''
NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on H.R. 4910, a bill to amend title
38, United States Code, to provide outer burial receptacles for remains
buried in National Parks, and for other purposes.
The Department supports this legislation, as it would eliminate an
inconsistency between the veterans benefits provided at national
cemeteries administered by the National Cemetery Administration and the
benefits provided at national cemeteries administered by the National
Park Service. However, to better meet the intent of H.R. 4910, the
Department recommends several clarifying amendments that are described
in this statement. In addition, the Department notes that this
legislation would place a new financial obligation on the National Park
Service.
H.R. 4910 would require the Secretary of the Interior to provide an
outer burial receptacle for a new grave in an open cemetery
administered by the National Park Service. The bill would also allow
the Secretary of the Interior to provide an outer burial receptacle
other than a grave liner in a National Park, but would require that the
survivors pay the amount by which the alternative outer burial
receptacle exceeds the cost of a grave liner, as well as the amount of
administrative costs incurred by the Secretary.
The term ``outer burial receptacle'' includes both grave liners and
burial vaults. In each instance, the casket is placed inside the outer
burial receptacle. However, while a burial vault is sealed and lined, a
grave liner is neither sealed nor lined. Grave liners and burial vaults
serve multiple purposes, such as protecting the casket from the impact
of the soil backfill and the equipment necessary for cemetery
maintenance, and reducing the likelihood of the settling of grave
backfill.
The National Park Service administers 14 national cemeteries, all
of which are associated with a battlefield or other historic site
managed by the Service. The cemeteries are administered to preserve the
historic character, uniqueness, and solemn nature of both the
cemeteries and the national parks of which they are a part. At these
cemeteries, the use of grave liners and vaults is allowed, but National
Park Service policy requires that any costs associated with the
acquisition and installments of such outer burial receptacles be
assumed by the next of kin. The individual manager of a national
cemetery administered by the National Park Service may implement
additional policies specific to that cemetery regarding the use of
outer burial receptacles. Andersonville National Cemetery, for example,
requires the use of a grave liner for interment, while Andrew Johnson
National Cemetery does not.
38 U.S.C. 2306(e) requires the Secretary of Veterans Affairs to
provide an outer burial receptacle for each new grave in an open
cemetery under the control of the National Cemetery Administration, and
authorizes the Secretary of the Army to provide an outer burial
receptacle for such a grave in Arlington National Cemetery. The law
also authorizes the provision of an outer burial receptacle other than
a grave liner, but requires that the survivors pay the amount by which
the alternative outer burial receptacle exceeds the cost of a grave
liner, as well as the amount of administrative costs incurred by the
Secretary of the Veterans Affairs or the Secretary of the Army. H.R.
4910 would amend 38 U.S.C. 2306(e) to add this responsibility, as a
requirement, to the Secretary of the Interior with respect to national
cemeteries under the control of the National Park Service.
While the Department supports the intent of the bill, we recommend
that the phrase ``national cemetery administered by the National Park
Service'' be substituted for the phrase ``cemetery under the control of
the National Park Service''. The phrase ``cemetery under the control of
the National Park Service'' could be interpreted to apply to all
cemeteries inside the boundaries of units of the National Park Service
- including private cemeteries - rather than national cemeteries only.
The Department also recommends striking the phrase ``each such a
grave in an open cemetery under the control of the National Park
Service'' and replacing it with ``each such grave in a national
cemetery administered by the National Park Service.'' The term ``open
cemetery'' is not used by the National Park Service; national
cemeteries are classified as either ``active'' or ``closed.'' Active
cemeteries have casket or cremation gravesites available for first
interments. Closed cemeteries have no available gravesites for either
casket or cremation for first interments but may inter eligible family
members of previously interred individuals. Of the 14 national
cemeteries administered by the National Park Service, only two -
Andersonville National Cemetery and Andrew Johnson National Cemetery -
are currently active, or open to new burials. However, several other
closed national cemeteries administered by the National Park Service
are still conducting subsequent interments. The benefit, if enacted,
should apply to new internments at both active and closed cemeteries.
Finally, while the Department views this issue as a matter of
equitable treatment for veterans and their families, we want to note
that this bill would impose a new financial obligation on the National
Park Service that is not included in its current budget. Based on the
number of interments at Andrew Johnson National Cemetery over the last
five years, we estimate that this benefit would cost between $13,000
and $50,000 a year at that one cemetery alone. We do not have
comparable estimates for the other 13 national cemeteries. If the bill
were enacted, execution of this new benefit would be subject to the
availability of appropriations and would need to be balanced with other
park and program priorities of the National Park Service.
Mr. Chairman this concludes our statement.
[all]