PVA National President Presents Annual Testimony
On Thursday, March 5, Randy L. Pleva, Sr., national president of Paralyzed Veterans of America (PVA), presented PVA’s annual testimony before a joint hearing of the House and Senate Committees on Veterans’ Affairs. This was President Pleva’s fifth year testifying on behalf of PVA and America’s veterans. He told lawmakers that President Obama’s newly-released budget for the Department of Veterans Affairs (VA) is a positive first step. However, he stressed that the proposed budget increase should not be as a result of new fees or other additional financial burdens on veterans with service-connected conditions.
Pleva emphasized the need for the passage of legislation that guarantees an advanced appropriation for VA health care. He emphasized that “sufficient, timely and predictable resources are provided to the VA health-care system so that eligible veterans can receive the care that they have earned and deserve.” He applauded the Chairmen of the Senate and House VA Committees, along with selected members, for reintroducing legislation that would reform the VA budget process by providing advance appropriations for veterans’ health care.
Pleva focused on the recommendations contained in The Independent Budget (IB) for fiscal year 2010 released in February. Now in its 23rd year, the IB is a comprehensive budget and policy document co-authored by Paralyzed Veterans, AMVETS, Disabled American Veterans, and Veterans of Foreign Wars. The IB calls for a minimum of $54.6 billion to fund VA, an increase of $4.5 billion over the operating budget for the VA approved by Congress last year. This recommendation includes: $46.6 billion for health care, $575 million for prosthetic research, $1.6 billion to fund the Veterans Benefits Administration, and nearly $2 billion for major and minor construction.
Pleva also cited the need to remove barriers that block more than 500,000 Priority Group 8 veterans from accessing their health-care benefits. Priority Group 8 veterans have been barred from enrolling in the VA health-care system since January 2003.
Pleva also noted the fact that VA has only received its budget on time-at the start of the fiscal year on October 1-three times in 22 years. He emphasized that even though
Congress provided better funding levels for VA during the past two years, the lengthy appropriations process and delays compromise the ability of VA to conduct effective planning and to deliver timely quality health care and benefits.
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PVA Conducts its Annual Advocacy/Legislation Seminar
As in years past, representatives from every PVA chapter traveled to Washington, DC to attend the Advocacy/Legislation Training Seminar during the first week of March. This successful grass roots event conducted by PVA’s Government Relations staff concludes with the PVA President’s annual testimony to a joint session of the House and Senate Committees on Veterans’ Affairs. The seminar consists of presentations from the Government Relations staff, members of Congress, congressional staff and Administration officials that prepare the attendees for visits with their members of Congress.
More than 70 chapter representatives attended this year’s seminar along with PVA’s Executive Committee. During the first day of the seminar, introductory remarks were provided by PVA’s National President Randy L. Pleva, Sr., Homer S. Townsend, Jr., Executive Director, and Douglas K. Vollmer, Associate Executive Director for Government Relations.
The participants were fortunate to have the new Secretary for the Department of Veteran Affairs Eric Shinseki as the keynote speaker. He emphasized his desire to transform the VA into a 21st Century organization. Of particular note was his willingness to take many questions. In fact, he even engaged with the seminar participants by posing his own questions to them.
The first day of the seminar focused on disability advocacy issues. National Advocacy staff presented information on anticipated legislation to end the two-year Medicare waiting period. This would allow people who are eligible for Social Security Disability Insurance to receive Medicare coverage at the same time – currently, SSDI recipients must wait 2 years after determination for Medicare coverage. The Benefit Rating Acceleration for Veteran Entitlements Act, or BRAVE Act, was also discussed. This legislation would allow veterans with 100% service-connected disabilities to access a “fast track” process for Social Security disability benefits.
Participants also heard from a number of speakers. Brad Turner-Little, Assistant Vice President of Easter Seals, presented information on Easter Seals’ extensive veterans program, including job training, recreational opportunities, and family support services. John Lancaster, Executive Director of the National Council on Independent Living, discussed the services and opportunities available through Independent Living Centers, primarily in settling into and finding resources available in the local community. Curt Decker, Executive Director of the National Disability Rights Network, discussed the role of local Protection and Advocacy Agencies in legal actions on disability rights, including people in institutional settings. David Capozzi, Executive Director of the United States Access Board, and Allison Nichol, Deputy Chief of the Disability Rights Section in the Department of Justice (DOJ) presented information on challenges that have come before the Board. The final presentation for the day was from Mike Spollen of the
Aviation Consumer Protection Division of the Department of Transportation. Mr. Spollen discussed some aspects of the Air Carrier regulations going into effect in May, 2009.
The seminar’s second day focused on veteran-related legislative priorities for the coming year as well as future efforts. The Department of Veterans Affairs budget was the centerpiece of the first panel. Peter Dickinson from the Partnership for Veterans Health Care Budget Reform, of which PVA is a member, presented a new approach termed “Advance Appropriations.” This legislation, introduced earlier this year in both the House and Senate, would permit funding for VA medical care accounts one year in advance. It will provide VA leadership and staff the ability to predict their budgets in advance allowing for hiring of staff and care planning, increasing efficiency and providing better care to veterans. Seminar attendees heard from both majority and minority staff members from the House and Senate Committees of Veterans’ Affairs. They discussed the challenges of future budgets and that the Democratic chairmen and Republican ranking members, as well as all members of the committees, would work with the administration to protect veterans’ health care.
On Wednesday, March 4, Congressional representatives from the House Committee on Veterans’ Affairs addressed PVA members. These included: Chairman Bob Filner (D-CA), Ranking Member Steve Buyer (R-IN), Reps. John Boozman (R-AR), Harry Mitchell (D-AZ), John Hall (D-NY), Stephanie Herseth Sandlin (D-SD) and David Roe (R-TN). Each member pledged their continued support for VA funding and promised to work to ensure that veterans, in particular those with disabilities, received the health care they deserved.
Finally, on Thursday, March 5, Randy L. Pleva, Sr., national president of Paralyzed Veterans of America (PVA), presented PVA’s annual testimony before a joint hearing of the House and Senate Committees on Veterans’ Affairs. This was Mr. Pleva’s fifth year testifying on behalf of PVA and America’s veterans.
During testimony, Mr. Pleva stressed his concerns on the future of VA funding and the lack of the ability of Congress to pass appropriations bills on time. He emphasized the need for the passage of legislation that guarantees advance funding for VA, urging that “sufficient, timely and predictable resources are provided to the VA health-care system so that eligible veterans can receive the care that they have earned and deserve.”
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Obama Administration Releases Preliminary FY 2010 Budget
On February 26, the Administration released preliminary information for its first budget—FY 2010—that will be released in more detail in April. PVA is pleased to see that the initial information provided by the Administration suggests a very good budget for the VA in FY 2010. The discretionary funding levels provide for a truly significant increase. The budget would provide approximately $55.9 billion in operating budget authority for the VA, approximately $1.3 billion more than The Independent Budget recommends.
However, approximately $3.4 billion of that budget is based on assumptions for collections. Moreover, we were told that those collections could be based on an Administration proposal that would allow the VA health-care system to bill a veteran’s insurance for the care and treatment of a disability or injury that was determined to have been incurred in or the result of the veteran’s honorable military service to our country. Such a consideration is wholly unacceptable. This proposal ignores the solemn obligation that this country has to care for those men and women who have served this country with distinction and were left with the wounds and scars of that service. (See accompanying section – Administration Drops Proposal to Bill Insurers of Service-Connected Veterans)
Given the fact that there was very little detail included in this preliminary budget submission, we will withhold final judgment on the budget until we have much more details about the FY 2010 budget.
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PVA, Independent Budget Partners, Testify on FY 2010 Budget
On March 10, Paralyzed Veterans of America (PVA), along with the other co-authors of The Independent Budget—AMVETS, Disabled American Veterans, and Veterans of Foreign Wars—testified before the Senate and House Committees on Veterans’ Affairs. The hearings were held separately. As in years past, PVA testified primarily on the health care section of The Independent Budget.
PVA stated that it is pleased to see that the initial information provided by the Administration reflects what could be a truly significant increase in funding for the VA in FY 2010. However, due to the lack of details, PVA could not provide more detailed analysis of the submission compared to the recommendations of The Independent Budget.
For FY 2010, The Independent Budget recommends approximately $46.6 billion for total medical care, an increase of $3.6 billion over the FY 2009 operating budget level established by P.L. 110-329, the “Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009.” The Independent Budget recommends approximately $36.6 billion for Medical Services. The Medical Services recommendation includes approximately $34.6 billion for current services, $1.2 billion for the projected increase in patient workload, and $800 million for policy initiatives.
For Medical Support and Compliance, The Independent Budget recommends approximately $4.6 billion. Finally, for Medical Facilities, The Independent Budget recommends approximately $5.4 billion. This amount includes an additional $150 million for non-recurring maintenance for the VA to begin addressing the massive backlog of infrastructure needs beyond those addressed through the recently enacted Stimulus bill.
PVA emphasized that despite the recent increases in VA health-care funding VA does not have the resources necessary to completely remove the prohibition on enrollment of Priority Group 8 veterans, who have been blocked from enrolling in VA since January
17, 2003. The Independent Budget believes that providing a cost estimate for the total cost to reopen VA’s health-care system to all Priority Group 8 veterans is a monumental task. However, it is time for VA and Congress to develop a workable solution to allow all eligible Priority Group 8 veterans to begin enrolling in the system.
For Medical and Prosthetic Research, The Independent Budget recommends $575 million. This represents a $65 million increase over the FY 2009 appropriated level. We are particularly pleased that Congress has recognized the critical need for funding in the Medical and Prosthetic Research account in the last couple of years. Research is a vital part of veterans’ health care, and an essential mission for our national health care system.
The most notable information to come out of the hearings was the admission by VA Secretary Eric Shinseki that the Administration is in fact considering a proposal to bill third-party insurers for the treatment of veterans with service-connected conditions. In fact, he told the Senate Committee on Veterans’ Affairs that the Administration estimates that such a policy could generate $500 million in revenue. Members of the House Committee on Veterans’ Affairs vigorously emphasized that they would not support such a proposal and that the Administration needed to begin looking at ways now to generate those funds.
PVA expressed the desire to work with the Committees to ensure that a sufficient, timely, and predictable VA budget is provided for FY 2010 and beyond. This can be accomplished with the enactment of legislation establishing VA health-care funding as an advanced appropriation.
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Administration Drops Proposal to Bill Insurers of Service-Connected Veterans
On March 16, PVA National President Randy L. Pleva, Sr. participated in a meeting held at the White House with President Barack Obama and 11 of the commanders and presidents of veterans’ and military service organizations. The meeting was called in response to a letter sent to the President from all of the organizations present at that meeting regarding a proposal that the Administration was considering as a part of its FY 2010 budget to bill third-party insurance of veterans with service-connected injuries. During the meeting, President Obama expressed frustration with the lack of veterans’ service organization (VSO) support for his budget proposal. He also made it clear that his Administration would continue to explore the proposal, despite unanimous opposition from the veterans’ and military community as well as from Congress.
During the meeting, representatives from the Office of Management and Budget (OMB) also insisted that the VSO community would be responsible for coming up with the $540 million that would be lost by eliminating this proposal. PVA took the position that this was the responsibility of the Administration and Congress.
Two days later, the President’s Chief of Staff Rahm Emanuel, held a meeting with the same VSO representatives. Once again, the White House did not commit to dropping
the proposal. However, during a roundtable event conducted by the Democratic leadership of the House of Representatives, Speaker of the House Nancy Pelosi announced that the Administration had in fact decided to drop the proposal from its budget. Ultimately, two days of significant media coverage and the serious backlash that the Administration received for considering this proposal helped the veterans’ community defeat the proposal.
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VA to Build Stand-Alone Replacement Hospital in Denver
On March 17 Secretary of Veterans Affairs Eric K. Shinseki announced that the VA will build a stand-alone replacement hospital for its existing facility in Denver, Colorado. The announcement came after years of indecision, alternative proposals including efforts to share facilities with the University of Colorado Medical School and other administrative delays. The Secretary’s decision mirrors the original recommendation by then-Secretary Anthony Principi based on the findings of the VA’s Capital Asset Realignment for Enhanced Services (CARES) Commission.
The new facility will provide a full range of medical, laboratory, research and counseling services to Denver-area veterans. The new medical center will include a 30-bed, state-of-the-art Spinal Cord injury Center to serve veterans throughout the VA’s Rocky Mountain network and surrounding areas. This new SCI Center has been the focus of ongoing efforts by Colorado veteran’s organizations and particularly PVA’s Mountain States Chapter.
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New Rule Makes Air Travel Easier For Power Wheelchair Users
On January 14, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) amended and clarified its Hazardous Materials Regulations (HMR) addressing the safe transportation of batteries and battery-powered devices. The Air Carrier Access Act regulations refer to these regulations for transport of powered wheelchairs.
The final rule eliminates the requirement to disconnect the terminals when a battery-powered wheelchair or mobility aid is transported as checked baggage, provided the wheelchair or mobility aid design provides an effective means of preventing unintentional activation. The new rule requires any battery-powered wheelchair to be packaged for transport in a manner that prevents unintentional activation or to have an independent means of preventing unintentional activation, e.g. restricting access to the activation switch, switch caps or locks, recessed switches, or trigger locks.
Previously, the HMR permitted a battery-powered wheelchair or other mobility aid to be carried on board an aircraft as checked baggage provided that the battery was disconnected and terminals insulated to prevent short-circuiting. PHMSA was concerned, however, that repeated handling of the battery in a wheelchair or other mobility aid could result in damage or other problems that could compromise safety. Moreover, PHMSA found that the design of batteries and their housing have significantly improved in recent years. Battery terminals must continue to be protected
from short-circuiting, but, according to PHMSA, such protection is inherent in the design of most wheelchairs and mobility aids.
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Amtrak Station Report
On February 1, Amtrak submitted to Congress a report on its compliance with the station accessibility requirements of the Americans with Disabilities Act (ADA,) as required by the 2008 Passenger Rail Investment Act. The ADA, enacted in 1990, gave Amtrak twenty years, until July 26, 2010, to bring all of its stations into compliance with the ADA standards.
Amtrak serves 481 stations nationwide, but is sole owner of only 63. Congress had given the extended compliance period recognizing the complexity of the task. However, Amtrak has made little progress in the past 19 years toward meeting the 2010 deadline. This report states that, even with targeted funding, only 12% of the stations will be ADA accessible.
Congress required Amtrak to submit their plan to meet the ADA deadline. Amtrak reported that “with targeted investment of $1.38 billion … it is anticipated that the earliest practicable date by which Amtrak will be able to achieve full compliance is September 30, 2015.” They assume sufficient funding will be appropriated by Congress, and intend to develop a new section within Amtrak to manage the plan.
Implementation will require updated assessments at each station, developing project descriptions, design process, construction plans and finally construction of the needed improvements.
PVA and other disability groups have met with Amtrak staff over the last four years. We have been hugely frustrated at the lack of progress and commitment by Amtrak leadership. PVA wrote Secretary of Transportation Ray LaHood on February 20, requesting that accessibility improvements take priority in all Amtrak expenditures funded by the recent stimulus act. A similar letter was sent to Joseph Boardman, President and CEO of Amtrak. PVA staff will work with Congressional staff to improve the station accessibility.
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