NEWS FROM AMERICAN LEGION NATIONAL LEGISLATIVE DIVISION WEEKLY
www.legion.org/legislative
www.legion.org/legislative
American Legion National Legislative Division Weekly
Published On: August 5, 2022
PACT ACT PASSES SENATE
The nastier side of DC politics blew up over the weekend as legislation to ensure toxic-exposed veterans
receive care and benefits got caught up in a bigger fight. In response, The American Legion’s National
Legislative Division relaunched its grassroots campaign to engage Legionnaires across the country, and
organized emergency meetings with 18 of the 25 Republican Senators who flipped their votes last week
against cloture for the PACT Act. Tuesday evening, the Senate finally passed the Honoring Our PACT Act, following days-long pitched advocacy and firewatch by veterans on the Capitol steps and a celebrity fighting with pundits on multiple news programs. In the end, three amendments failed to gain traction, and the legislation passed with 86 ayes and 11 nays.
After all the drama, the bill netted two additional votes in favor than the last time the Senate passed it-
Senators Burr (NC) and Thune (SD). President Biden is expected to sign the bill on [Monday], August 8.
The Senate first passed the PACT Act in June with a bipartisan 84 to 14 vote. At that time, Senator Toomey
(PA) made clear his opposition to making money for the Cost of War Fund mandatory. Toomey argued that
using mandatory spending for the fund is a “budgetary gimmick” that opens a loophole to allow up to $400
billion to be spent using discretionary funds elsewhere in the federal budget.
Unfortunately, the Senate version of the bill created a blue slip problem by absolving physicians from the
tax implications of having their service contracts fulfilled by the VA in exchange for serving veterans in
rural areas. This section required that the entire bill go back to the House, rather than head to the President’s
desk for a signature.
The House fixed the technical glitch and passed the latest version of the bill on a 342-88 vote. The only
thing that changed in the “new” version of the bill was removal of the blue slip issue. The mandatory versus
discretionary funding of the Cost of War Fund was unchanged.
Last week, the Senate was expected to pass the fixed version of the bill. Veterans groups prepared to
celebrate. However, just before the PACT Act vote, Senator Manchin (WV) and Majority Leader Schumer
(NY) announced a broader agreement for the reconciliation bill, which is a vehicle designed to evade the
need for Republican support. GOP Senators made clear their dismay at the idea of this broader package,
which includes climate change provisions and a plan for Medicare to negotiate prices for certain prescription
drugs.
Within hours of the Manchin/Schumer deal’s announcement, 25 Republicans who had previously voted for
the PACT Act refused to allow cloture to be invoked, preventing further work on the legislation. When
pressed for a reason, many pointed to the objections made by Toomey, and charged that Democrats had
changed the bill since the last time the Senate had voted on it (a false allegation). However, comments made
by some GOP Senators indicate they were unwilling to give Democrats another win at that point.
A group of irate veterans immediately set up a fire watch at the Senate steps. Their round-the-clock vigil
lasted through two nights of thunderstorms and heavy rain. Chef José Andrés sent food, and VA Secretary
McDonough delivered pizza courtesy of President Biden. Comedian Jon Stewart, who has become a major
activist on toxic exposures, joined them on Monday. Just before debate started Tuesday afternoon, the group
was ushered into the Senate’s visitor’s gallery.
Before the final vote could occur, Senators were given the opportunity to vote on three Republican
amendments to the legislation. Had any of them achieved the required 60 votes, the bill would have had to
go back to the House for passage (again); however, the House has left Washington for the August recess.
Senator Paul (KY) Amendment
Paul wants to pay for the costs of the PACT Act by eliminating all foreign aid (except for what goes to
Israel) for ten years. Speaking on the Senate floor, Paul said USAID is “riddled” with problematic spending,
and the money would be better spent caring for veterans.
The amendment failed with only seven votes in favor, and 90 against.
Senator Toomey (PA) Amendment
This amendment would change funding for the Cost of War fund to discretionary. Toomey said making that
funding mandatory is a “common DC trick,” and would allow for spending on veterans’ health care to be
“shifted off the books.” That “clever little device” could result in up to $400 billion in additional
discretionary spending over the next ten years beyond veterans’ issues. Toomey does not agree with his
Democratic colleagues that Congress can be trusted not to go on a spending spree.
As written (both in this version and in the version passed by the Senate in June), the legislation states that
funds are to be appropriated for the fund each year and to be considered mandatory once that happens. Thus,
Congress must delineate the amount to be spent each year, regardless of the category.
The amendment failed with 47 ayes and 48 nays.
Senator Blackburn (TN) Amendment
This amendment would allow toxic-exposed veterans to more readily access community care. When she
introduced the amendment, Blackburn explained, “VA is not capable of implementing the PACT Act as
written.” She cited testimony by McDonough that the Department does not have sufficient capacity, and
reminded her colleagues that there is already a 168,000 case backlog for claims processing. The PACT Act,
she noted, could increase that backlog by more than one million cases.
Senate Veterans Affairs Committee chair Senator Tester (MT) replied that the VA is a leader in treating the
kinds of diseases and conditions faced by those who have served in the military. In addition, he said, “time
and time and time again veterans have told us” they prefer to receive care directly from the VA. Tester
asked his colleagues to vote against this amendment as it would be a move toward privatizing the VA.
The amendment failed on a 48-47 vote. It needed 60 votes to be adopted.
PACT ACT GRASSROOTS ACTIONS
Last week, The American Legion National Headquarters reactivated its grassroots campaign encouraging
members to call on their Senators to pass the SFC Heath Robinson Honoring Our PACT Act. In less than a
week, Legionnaires sent over 15,000 messages to their Senators, totaling over 34,000 messages sent to
Congress throughout the Campaign.
Jurisdiction Messages
Florida 4,728
Texas 1,664
Pennsylvania 1,652
New York 1,652
California 1,628
National Legislative Division Weekly
Published On: August 5, 2022
Department of Veterans Affairs (VA) prepares for PACT Act claims
The VA has created a special page on its website to help veterans gain information and file claims for toxicexposure disability compensation under the new bill. The page, www.va.gov/resources/the-pact-act-and-your-va-benefits/ went live even before President Biden could sign the newly passed legislation into law. VA Secretary McDonough released a statement immediately after the Senate vote calling veterans exposed to toxic fumes “American heroes.” The Secretary thanked President Biden “who made this day possible by fighting like hell for our nation’s veterans,” and promised the Department will implement the new law “quickly and effectively.” White House and VA officials have told reporters they hope to speed up some of the timelines contained in the bill. This will largely depend upon the Department’s ability to quickly hire more people to process claims and to actually provide care. Some provisions, such as the five year extension of care upon leaving the military, will go into effect immediately. However, coverage for Vietnam-era veterans dealing with hypertension, possibly from Agent Orange exposure, does not become effective until 2026. The bill does contain provisions to help individuals with deteriorating health conditions or over the age of 80 obtain care sooner. Overall, analysts predict it will take at least four years for most veterans to experience an impact from the PACT Act. Veterans may either file online at the web address above or call the VA directly at 1-800-MyVA411 to start a claim or ask questions.
Published On: August 5, 2022
PACT ACT PASSES SENATE
The nastier side of DC politics blew up over the weekend as legislation to ensure toxic-exposed veterans
receive care and benefits got caught up in a bigger fight. In response, The American Legion’s National
Legislative Division relaunched its grassroots campaign to engage Legionnaires across the country, and
organized emergency meetings with 18 of the 25 Republican Senators who flipped their votes last week
against cloture for the PACT Act. Tuesday evening, the Senate finally passed the Honoring Our PACT Act, following days-long pitched advocacy and firewatch by veterans on the Capitol steps and a celebrity fighting with pundits on multiple news programs. In the end, three amendments failed to gain traction, and the legislation passed with 86 ayes and 11 nays.
After all the drama, the bill netted two additional votes in favor than the last time the Senate passed it-
Senators Burr (NC) and Thune (SD). President Biden is expected to sign the bill on [Monday], August 8.
The Senate first passed the PACT Act in June with a bipartisan 84 to 14 vote. At that time, Senator Toomey
(PA) made clear his opposition to making money for the Cost of War Fund mandatory. Toomey argued that
using mandatory spending for the fund is a “budgetary gimmick” that opens a loophole to allow up to $400
billion to be spent using discretionary funds elsewhere in the federal budget.
Unfortunately, the Senate version of the bill created a blue slip problem by absolving physicians from the
tax implications of having their service contracts fulfilled by the VA in exchange for serving veterans in
rural areas. This section required that the entire bill go back to the House, rather than head to the President’s
desk for a signature.
The House fixed the technical glitch and passed the latest version of the bill on a 342-88 vote. The only
thing that changed in the “new” version of the bill was removal of the blue slip issue. The mandatory versus
discretionary funding of the Cost of War Fund was unchanged.
Last week, the Senate was expected to pass the fixed version of the bill. Veterans groups prepared to
celebrate. However, just before the PACT Act vote, Senator Manchin (WV) and Majority Leader Schumer
(NY) announced a broader agreement for the reconciliation bill, which is a vehicle designed to evade the
need for Republican support. GOP Senators made clear their dismay at the idea of this broader package,
which includes climate change provisions and a plan for Medicare to negotiate prices for certain prescription
drugs.
Within hours of the Manchin/Schumer deal’s announcement, 25 Republicans who had previously voted for
the PACT Act refused to allow cloture to be invoked, preventing further work on the legislation. When
pressed for a reason, many pointed to the objections made by Toomey, and charged that Democrats had
changed the bill since the last time the Senate had voted on it (a false allegation). However, comments made
by some GOP Senators indicate they were unwilling to give Democrats another win at that point.
A group of irate veterans immediately set up a fire watch at the Senate steps. Their round-the-clock vigil
lasted through two nights of thunderstorms and heavy rain. Chef José Andrés sent food, and VA Secretary
McDonough delivered pizza courtesy of President Biden. Comedian Jon Stewart, who has become a major
activist on toxic exposures, joined them on Monday. Just before debate started Tuesday afternoon, the group
was ushered into the Senate’s visitor’s gallery.
Before the final vote could occur, Senators were given the opportunity to vote on three Republican
amendments to the legislation. Had any of them achieved the required 60 votes, the bill would have had to
go back to the House for passage (again); however, the House has left Washington for the August recess.
Senator Paul (KY) Amendment
Paul wants to pay for the costs of the PACT Act by eliminating all foreign aid (except for what goes to
Israel) for ten years. Speaking on the Senate floor, Paul said USAID is “riddled” with problematic spending,
and the money would be better spent caring for veterans.
The amendment failed with only seven votes in favor, and 90 against.
Senator Toomey (PA) Amendment
This amendment would change funding for the Cost of War fund to discretionary. Toomey said making that
funding mandatory is a “common DC trick,” and would allow for spending on veterans’ health care to be
“shifted off the books.” That “clever little device” could result in up to $400 billion in additional
discretionary spending over the next ten years beyond veterans’ issues. Toomey does not agree with his
Democratic colleagues that Congress can be trusted not to go on a spending spree.
As written (both in this version and in the version passed by the Senate in June), the legislation states that
funds are to be appropriated for the fund each year and to be considered mandatory once that happens. Thus,
Congress must delineate the amount to be spent each year, regardless of the category.
The amendment failed with 47 ayes and 48 nays.
Senator Blackburn (TN) Amendment
This amendment would allow toxic-exposed veterans to more readily access community care. When she
introduced the amendment, Blackburn explained, “VA is not capable of implementing the PACT Act as
written.” She cited testimony by McDonough that the Department does not have sufficient capacity, and
reminded her colleagues that there is already a 168,000 case backlog for claims processing. The PACT Act,
she noted, could increase that backlog by more than one million cases.
Senate Veterans Affairs Committee chair Senator Tester (MT) replied that the VA is a leader in treating the
kinds of diseases and conditions faced by those who have served in the military. In addition, he said, “time
and time and time again veterans have told us” they prefer to receive care directly from the VA. Tester
asked his colleagues to vote against this amendment as it would be a move toward privatizing the VA.
The amendment failed on a 48-47 vote. It needed 60 votes to be adopted.
PACT ACT GRASSROOTS ACTIONS
Last week, The American Legion National Headquarters reactivated its grassroots campaign encouraging
members to call on their Senators to pass the SFC Heath Robinson Honoring Our PACT Act. In less than a
week, Legionnaires sent over 15,000 messages to their Senators, totaling over 34,000 messages sent to
Congress throughout the Campaign.
Jurisdiction Messages
Florida 4,728
Texas 1,664
Pennsylvania 1,652
New York 1,652
California 1,628
National Legislative Division Weekly
Published On: August 5, 2022
Department of Veterans Affairs (VA) prepares for PACT Act claims
The VA has created a special page on its website to help veterans gain information and file claims for toxicexposure disability compensation under the new bill. The page, www.va.gov/resources/the-pact-act-and-your-va-benefits/ went live even before President Biden could sign the newly passed legislation into law. VA Secretary McDonough released a statement immediately after the Senate vote calling veterans exposed to toxic fumes “American heroes.” The Secretary thanked President Biden “who made this day possible by fighting like hell for our nation’s veterans,” and promised the Department will implement the new law “quickly and effectively.” White House and VA officials have told reporters they hope to speed up some of the timelines contained in the bill. This will largely depend upon the Department’s ability to quickly hire more people to process claims and to actually provide care. Some provisions, such as the five year extension of care upon leaving the military, will go into effect immediately. However, coverage for Vietnam-era veterans dealing with hypertension, possibly from Agent Orange exposure, does not become effective until 2026. The bill does contain provisions to help individuals with deteriorating health conditions or over the age of 80 obtain care sooner. Overall, analysts predict it will take at least four years for most veterans to experience an impact from the PACT Act. Veterans may either file online at the web address above or call the VA directly at 1-800-MyVA411 to start a claim or ask questions.
News Sections: #VetResources, Benefits, Top Stories, Vets Experience
Published On: June 14, 2022
317 words|1.2 min read
Cheryl Mason is the chairman of the Board of Veterans’ Appeals
The Board of Veterans’ Appeals (Board, BVA) continues to modernize to meet Veterans’ needs. The Board recently updated and improved its website to make sure all the information you need is available and easy to understand. It also includes what the Board does and what to expect during an appeal. Biggest news of all? Veterans can now file their request to appeal to the Board online!
How do you request a Board Appeal online?If you disagree with a decision VA made on your claim, you can log into VA.gov and electronically file the VA Form 10182.
Here is how to request a BVA appeal on a claim decision.
The process is simple!
Did you know that you can also have a Virtual Tele-Hearing?In addition to filing an appeal online, Veterans who selected a hearing can have those hearings online. No need to report in person to a local VA office. All you need is a Wi-Fi connection. Additional information about virtual tele-hearings can be found here.
Visit www.bva.va.gov for more information.
blogs.va.gov/VAntage/104545/veterans-can-now-file-an-appeal-online-with-the-board-of-veterans-appeals/?utm_source=Feature&utm_medium=email&utm_campaign=VetResources&utm_id=15JUN2022&fbclid=IwAR0IN8RzmsdmdZqTyH-vUQ-xY_0PUMay02QIwLEKahLPqQMwRgL2uJaPiPs
Published On: June 14, 2022
317 words|1.2 min read
Cheryl Mason is the chairman of the Board of Veterans’ Appeals
The Board of Veterans’ Appeals (Board, BVA) continues to modernize to meet Veterans’ needs. The Board recently updated and improved its website to make sure all the information you need is available and easy to understand. It also includes what the Board does and what to expect during an appeal. Biggest news of all? Veterans can now file their request to appeal to the Board online!
How do you request a Board Appeal online?If you disagree with a decision VA made on your claim, you can log into VA.gov and electronically file the VA Form 10182.
Here is how to request a BVA appeal on a claim decision.
The process is simple!
- Navigate your browser to https://www.va.gov/decision-reviews/board-appeal/.
- Select “Request a Board Appeal” to go to the VA.gov login screen. You must have a VA.gov account.
- The appeal tool will walk you through the process of filing an appeal correctly online.
- You can select which type of appeal you would like: Direct Review, Evidence Submission, or Hearing. You can also find more information about all these options and what to expect during your appeal on the Board’s homepage.
Did you know that you can also have a Virtual Tele-Hearing?In addition to filing an appeal online, Veterans who selected a hearing can have those hearings online. No need to report in person to a local VA office. All you need is a Wi-Fi connection. Additional information about virtual tele-hearings can be found here.
Visit www.bva.va.gov for more information.
blogs.va.gov/VAntage/104545/veterans-can-now-file-an-appeal-online-with-the-board-of-veterans-appeals/?utm_source=Feature&utm_medium=email&utm_campaign=VetResources&utm_id=15JUN2022&fbclid=IwAR0IN8RzmsdmdZqTyH-vUQ-xY_0PUMay02QIwLEKahLPqQMwRgL2uJaPiPs
Published On: April 26, 2022
VA Establishes Presumptive Service Connection for Rare Respiratory Cancers for Certain Veterans
WASHINGTON — As part of President Biden’s Unity Agenda commitment to support the nation’s Veterans, the Department of Veterans Affairs is adding nine rare respiratory cancers to the list of presumed service-connected disabilities due to military environmental exposures to fine particulate matter.
The following list of rare respiratory cancers have been added to VA’s regulations through an Interim Final Rule published in the Federal Register on April 26, 2022:
The rarity and severity of these illnesses and the reality these conditions present, is a situation where it may not be possible to develop additional evidence, prompted VA to take this action.
“Last year we made promises to fundamentally change and improve how we establish and expedite presumptions — now we’re keeping them,” said VA Secretary Denis McDonough. “We are taking a new approach to presumptives that takes all available science into account, with one goal in mind — getting today’s Veterans — and Vets in the decades ahead — the benefits they deserve as fast as possible.”
VA will begin processing disability compensation claims for Veterans who served any amount of time in the Southwest Asia theater of operations beginning Aug. 2, 1990, to the present, or Afghanistan, Uzbekistan, Syria or Djibouti beginning Sept. 19, 2001, to the present.
Any Veteran who has or had one of the listed cancers at any time during or after separation from military service may be eligible for disability compensation benefits. VA will contact impacted Veterans and survivors to inform them about their eligibility and will provide information on how to apply.
Veterans, survivors or dependents who had claims previously denied for any of these respiratory cancers are encouraged to file a supplemental claim for benefits. If you are a Veteran, survivor or dependent applying for the first time, file a new claim here.
To apply for benefits, Veterans and survivors may visit VA.gov or call toll-free at 800-827-1000.
View the interim final rule for Presumptive Service Connection for Rare Respiratory Cancers Due to Exposure to Fine Particulate Matter and leave comments.
VA Establishes Presumptive Service Connection for Rare Respiratory Cancers for Certain Veterans
WASHINGTON — As part of President Biden’s Unity Agenda commitment to support the nation’s Veterans, the Department of Veterans Affairs is adding nine rare respiratory cancers to the list of presumed service-connected disabilities due to military environmental exposures to fine particulate matter.
The following list of rare respiratory cancers have been added to VA’s regulations through an Interim Final Rule published in the Federal Register on April 26, 2022:
- Squamous cell carcinoma of the larynx.
- Squamous cell carcinoma of the trachea.
- Adenocarcinoma of the trachea.
- Salivary gland-type tumors of the trachea.
- Adenosquamous carcinoma of the lung.
- Large cell carcinoma of the lung.
- Salivary gland-type tumors of the lung.
- Sarcomatoid carcinoma of the lung.
- Typical and atypical carcinoid of the lung.
The rarity and severity of these illnesses and the reality these conditions present, is a situation where it may not be possible to develop additional evidence, prompted VA to take this action.
“Last year we made promises to fundamentally change and improve how we establish and expedite presumptions — now we’re keeping them,” said VA Secretary Denis McDonough. “We are taking a new approach to presumptives that takes all available science into account, with one goal in mind — getting today’s Veterans — and Vets in the decades ahead — the benefits they deserve as fast as possible.”
VA will begin processing disability compensation claims for Veterans who served any amount of time in the Southwest Asia theater of operations beginning Aug. 2, 1990, to the present, or Afghanistan, Uzbekistan, Syria or Djibouti beginning Sept. 19, 2001, to the present.
Any Veteran who has or had one of the listed cancers at any time during or after separation from military service may be eligible for disability compensation benefits. VA will contact impacted Veterans and survivors to inform them about their eligibility and will provide information on how to apply.
Veterans, survivors or dependents who had claims previously denied for any of these respiratory cancers are encouraged to file a supplemental claim for benefits. If you are a Veteran, survivor or dependent applying for the first time, file a new claim here.
To apply for benefits, Veterans and survivors may visit VA.gov or call toll-free at 800-827-1000.
View the interim final rule for Presumptive Service Connection for Rare Respiratory Cancers Due to Exposure to Fine Particulate Matter and leave comments.
Published On: December 16, 2021
Anything that the VA can do to help veterans access and understand their VA medical records is fantastic…Especially when it’s free! Pass it on.
https://capitolhilltimes.com/2021/12/16/the-va-moves-mountains-to-make-health-care-records-accessible-to-members-with-drowl/
Anything that the VA can do to help veterans access and understand their VA medical records is fantastic…Especially when it’s free! Pass it on.
https://capitolhilltimes.com/2021/12/16/the-va-moves-mountains-to-make-health-care-records-accessible-to-members-with-drowl/
Disclaimer: While we try our best to re-print Legislative News we think is most pertinent to our members, we may overlook some news items to save space on our website. Please click on the link at the top of this page to take you directly to the American Legion Legislative Weekly page to read their official press releases.