Veterans Disability Benefits Commission
During the first session of the 108th Congress, legislation established
an independent commission that was charged with making a comprehensive
review of the VA Disability Rating Schedule. The majority leaders
of both the House and the Senate could choose two individuals
to serve on the Commission. The minority leader in each chamber
could also make two appointments. The Presidential Administration
in power could appoint five members.
Because the Administration is of the same political party as
the majority party, the Administration has, for all intents and
purposes, nine members of the Commission while the minority party
has four. Veterans’ advocates in the Nation’s Capital
question the extent to which the Commission will be independent.
Chairman Buyer has made it abundantly clear that everything should
be on the table, including the taking away of service-connected
ratings if the Commission determines that some conditions should
not be considered service connected. Under current law, service
connected is based on a "Line Of Duty" standard. This
means that if an active duty member is injured or contracts a
disease, the condition can be service connected.
Buyer advocates a more restrictive standard described as "Performance
Of Duty." This means that in order for an injury or medical
condition to be service connected, it must be the direct result
of performance of duty. Should this standard be adopted and Buyer
gets his way, thousands of veterans now receiving service-connected
disability compensation benefits could be removed from the rolls.
Equally significant is that veterans could also lose eligibility
for VA health care.
The Commission is expected to begin its work in early May.
Concurrent Receipt for the Medically Retired?
Representative Jerry Weller (R-IL-11) has introduced H.R. 995,
the Combat Military Medical Retired Veterans Act of 2005. The
legislation would authorize payment of Concurrent Receipt benefits
to veterans who were medically retired and in receipt of service-connected
disability compensation from VA. These individuals would need
to have received a Purple Heart from combat injuries.
Under current law, only the veterans whose retirements are based
on longevity (20 years or more) are eligible for Concurrent Receipt.
Congress has not yet approved full Concurrent Receipt because
of the cost but did, in its last legislative session, vote to
phase in Concurrent Receipt over the next ten years.
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