Equitable Care for Veterans

November 3, 2007 - There has been much discussion recently, including in an Oct. 21 Post editorial, about the Dole-Shalala commission on veterans' disabilities and the need for prompt action on its recommendations. As chairman of the Senate Committee on Veterans' Affairs, I have reviewed the recommendations, which focus primarily on collaboration between the departments of Defense and Veterans Affairs on meeting the needs of service members injured in combat.

Most of the suggestions are worthy and, indeed, much work is underway on some of the points. There are, however, some conclusions about which I have serious concerns.

On the basis of its work over a relatively short period -- the members' first public meeting was in mid-April, and they issued their report in late July -- the commission recommended a restructuring of the Defense Department and VA disability systems. This recommendation has two key components that would fundamentally alter the manner in which the Pentagon and the VA administer those systems.

The first component -- merging the departments' existing systems -- has strong appeal. If enough obstacles can be overcome, it is possible that, for some subset of those leaving the military, it may prove feasible to have the two systems function collaboratively, with one physical exam and one disability rating for those who leave the service for medical reasons .

The second component, that the VA's compensation system should be fundamentally restructured, is far more problematic. The legislation that the White House drafted to carry out this recommendation would have Congress cede responsibility for the proposed retooling of the VA's compensation system to the secretary of veterans affairs, and it would require the secretary to accomplish this monumental task in just a few months.

Consider, in contrast, the findings of the congressionally mandated Veterans' Disability Benefits Commission. That commission took a more systematic approach, carried out over 2 1/2 years, that focused exclusively on the complex and often inefficient disability structure that applies to all service members and veterans. It conducted 28 public meetings, carried out extensive research and received significant input from outside entities, including CNA Corp., which analyzes public-sector proposals, and the Institute of Medicine. Lawyers reviewed many of the issues the commission explored and provided historical context for much of the legislation that lays out the benefits available to disabled veterans and their families. This was the most extensive overview of the benefits provided to this nation's disabled veterans in more than half a century.

The Veterans' Disability Benefits Commission, in its report issued Oct. 3, made 113 recommendations designed to improve and update the VA's disability compensation program. These recommendations collectively address the appropriateness and purpose of benefits, benefit levels and payment rates, and the processes used to determine eligibility.

Many significant proposals from the Veterans' Disability Benefits Commission were not contemplated by the Dole-Shalala commission and warrant review before any action is taken on the Dole-Shalala recommendations relating to the overall disability benefits system.

On the basis of testimony given during an Oct. 17 hearing of the Senate Committee on Veterans' Affairs, especially statements from the chairman of the Veterans' Disability Benefits Commission, I do not believe that the timeline in the president's legislation is remotely realistic.

The extent of the proposed change to the VA's compensation system would present a potentially insurmountable challenge even under the most capable leadership. I am concerned that the president is suggesting extraordinary change but has only recently selected his nominee to succeed outgoing Secretary Jim Nicholson, who announced his resignation in July. Our committee will address James B. Peake's nomination as expeditiously as possible, consistent with our obligation to give all nominations full, fair and focused consideration, but that process still takes time.

I am also greatly concerned that the VA disability system recommended by the Dole-Shalala commission would apply only to those who entered service during the current conflicts in Iraq and Afghanistan and would exclude veterans from earlier generations. Some have suggested that this recommendation would pit veterans of these recent conflicts against those from different eras. Such an outcome would be unacceptable. This nation must never forget the sacrifices made by those who served on the beaches of Normandy, at the Chosin Reservoir, in the jungles of Vietnam and on the sands of Kuwait. Congress should focus on creating a system that is equitable for all of our veterans -- young and old.

The writer, a Democratic senator from Hawaii, is chairman of the Senate Committee on Veterans' Affairs.