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New benefits for burn pit victims in limbo after Senate Republicans block plan

New benefits for burn pit victims in limbo after Senate Republicans block plan

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A surprise deal on health care and environmental policies announced by Senate Democratic leaders Wednesday afternoon produced an unexpected casualty: the comprehensive toxic exposure legislation veterans advocates expected to pass this week.

The Promise to Address Comprehensive Toxics Act — better known as the PACT Act — had been up for a procedural vote in the chamber with an expectation of final passage before the end of the week.

The measure is the culmination of years of work by advocates to improve health care and benefits for veterans suffering injuries from burn pit smoke, Agent Orange spraying and other military contaminant exposure. It has been widely celebrated as a potential landmark legislative victory in veterans policy.

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The measure passed the Senate by a comfortable 84-14 vote in early June, and by a 342-88 vote in the House two weeks ago with significant Republican support.

But on Wednesday, after technical corrections sent the measure back to the Senate for another procedural vote, 41 Senator Republicans blocked the measure, leaving its future uncertain.

Republican lawmakers who had previously voted against the measure, including Sen. Pat Toomey, R-Pa., reiterated objections to how the money connected to the measure (about $300 billion over 10 years) would be accounted for in the regular appropriations process.

But the block came just as Democratic leaders announced plans for a comprehensive budget reconciliation measure — a plan that the GOP caucus previously pledged to oppose, including increased efforts to snarl normal business in the chamber.

Democratic leaders immediately attacked their colleagues putting political vendettas ahead of needed veterans benefits.

“This eleventh-hour act of cowardice will actively harm this country’s veterans and their families,” said Senate Veterans’ Affairs Committee Chairman Jon Tester, D-Mont. “Republicans chose today to rob generations of toxic-exposed veterans across this country of the health care and benefits they so desperately need.

“And make no mistake, more veterans will suffer and die as a result.”

Eight Senate Republicans — including Senate Veterans’ Affairs Committee ranking member Jerry Moran, R-Kansas — voted for moving ahead with the bill.

Republican leaders gave no public comment on the reasons behind the surprise move, or on what changes would be needed to move the legislation ahead. The Senate is scheduled to go on a month-long recess on Aug. 5, and advocates had hoped to have the PACT Act on the president’s desk before then.

That timeline appears out of reach now.

If it becomes law, about one in five living American veterans could benefit from the PACT Act.

For veterans of the wars in Iraq and Afghanistan, the bill would establish a presumption of service connection for 23 respiratory illnesses and cancers related to the smoke from burn pits, used extensively in those war zones to dispose of various types of waste, many of them toxic.

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The bill also provides for new benefits for veterans who faced radiation exposure during deployments throughout the Cold War; adds hypertension and monoclonal gammopathy to the list of illnesses linked to Agent Orange exposure in the Vietnam War; expands the timeline for Gulf War medical claims; and requires new medical exams for all veterans with toxic exposure claims.

Veterans who served in Thailand, Laos, Cambodia and Guam during the Vietnam War-era would be covered for the first time under the same Agent Orange presumptive policies as those who served in Vietnam itself.

Senate Majority Leader Chuck Schumer, D-N.Y., and Sen. Joe Manchin, D-W.Va., announced the outline of the budget reconciliation deal with details to come next week.

According to the Associated Press, officials said the plan would spend about $369 billion on energy and climate initiatives and $64 billion to extend expiring federal subsidies for people buying health insurance.

It would also raise $739 billion in revenue over 10 years, the biggest chunk coming from a 15% corporate minimum tax.

Democratic lawmakers and veterans advocates are scheduled to rally for PACT Act passage Thursday morning. Chamber leaders said they would keep working on finding a path forward for the legislation in coming days.

Leo covers Congress, Veterans Affairs and the White House for Military Times. He has covered Washington, D.C. since 2004, focusing on military personnel and veterans policies. His work has earned numerous honors, including a 2009 Polk award, a 2010 National Headliner Award, the IAVA Leadership in Journalism award and the VFW News Media award.

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Nominee for top VA benefits job withdraws, restarting search

Nominee for top VA benefits job withdraws, restarting search

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Veterans Affairs officials on Tuesday restarted their search for a new executive to lead the department’s benefits operations after the previous nominee withdrew from the confirmation process.

The nomination of Ray Jefferson to be undersecretary for benefits had been stalled since late April, after senators raised concerns about his past work leading the Veterans Employment and Training Service during President Barack Obama’s administration.

The top benefits job has been without a Senate confirmed leader since early 2021. Veterans groups have raised concerns about the vacancy, noting that issues such as the ongoing disability claims backlog and education programs affected by the pandemic have been handled by a series of temporary administrators.

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The post oversees all non-medical veterans benefits, delivering about $135 billion in services and payouts annually.

VA officials formally established a new commission on Tuesday to identify potential candidates for the job. In the interim, Senior Advisor to the Secretary of Veterans Affairs Joshua Jacobs has been designated to perform the duties of the Under Secretary for Benefits, starting July 25.

Jefferson formally withdrew his name last week, VA officials said. During his confirmation hearing in April, he outlined his goals for the job, to include reducing the backlog of disability claims and improving transition programs for veterans.

But multiple Republican lawmakers expressed concerns that Jefferson had been accused by subordinates at his Department of Labor post of contract impropriety, including allegations he steered a consulting contract to a personal friend.

The department’s inspector general initially substantiated that allegation, but the office reversed its ruling eight years later and said Jefferson should not have been asked to resign for the perceived infractions.

Jefferson, an Army veteran who lost five fingers in a training accident in 1999, said he spent a significant amount of his own savings to hire a legal team to clear his name “because I have hoped to one day have the privilege of serving our nation again.”

But the questions surrounding his actions were enough for lawmakers to stall his confirmation. Even as other nominees moved ahead in the process, Jefferson remained static for more than two months.

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As the department restarts its search for its top benefits official, leaders at VA are also still waiting for a final Senate vote on the White House’s nominee for the department’s top healthcare official.

Dr. Shereef Elnahal was tapped by the White House in March to serve as VA’s undersecretary for health and received a favorable vote from the Senate Veterans’ Affairs Committee in May.

However, his final confirmation vote has been blocked for weeks by Republican lawmakers with concerns not over his qualifications but instead general objections to President Joe Biden’s personnel choices.

The top VA medical job hasn’t had a Senate-confirmed appointee since January 2017, when Dr. David Shulkin left the post to take over the VA secretary position.

Leo covers Congress, Veterans Affairs and the White House for Military Times. He has covered Washington, D.C. since 2004, focusing on military personnel and veterans policies. His work has earned numerous honors, including a 2009 Polk award, a 2010 National Headliner Award, the IAVA Leadership in Journalism award and the VFW News Media award.

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Global Veterans News

Panel Application; educational benefits; 38 C.F.R. § 21.9635(o); Carr, 961 F.3d at 173; the Federal Circuit interpreted the phrase “may receive” as referring only to an initial calculation of a veteran’s entitlement and not to the amount of benefits that a person may, in fact, receive; It then concluded that the statute does not preclude an individual, who has accumulated and used a total of 48 months of educational benefits from a combination of chapters, from receiving an extension in benefits until the end of a semester. Carr, 961 F.3d at 173;

Panel Application; educational benefits; 38 C.F.R. § 21.9635(o); Carr, 961 F.3d at 173; the Federal Circuit interpreted the phrase “may receive” as referring only to an initial calculation of a veteran’s entitlement and not to the amount of benefits that a person may, in fact, receive; It then concluded that the statute does not preclude an individual, who has accumulated and used a total of 48 months of educational benefits from a combination of chapters, from receiving an extension in benefits until the end of a semester. Carr, 961 F.3d at 173;

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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 16-3438
SAMANTHA E. CARR, APPELLANT,
V.
DENIS MCDONOUGH,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
ROBERT M. CARR, INTERVENOR
On Remand from the U.S. Court of Appeals for the Federal Circuit
(Decided February 19, 2021)
Samantha E. Carr, pro se.
Meghan Flanz, Interim General Counsel; Mary Ann Flynn, Chief Counsel; Selket N. Cottle,
Deputy Chief Counsel; and Sara W. Fusina, Senior Appellate Attorney, all of Washington, D.C.,
were on the brief for the appellee.
Robert M. Carr, pro se, as intervenor.
Before BARTLEY, Chief Judge, and PIETSCH and TOTH, Judges.

TOTH, Judge: Air Force veteran Robert Carr transferred a portion of his 48 months of
education benefits to his daughter, Samantha Carr, so that she could pay for her college tuition.
After she used these benefits to pay for two semesters, Ms. Carr began the fall 2013 semester with
a single day of entitlement remaining. Invoking 38 C.F.R. § 21.9635(o), she sought to extend her
benefits until the end of the semester, but the Board determined that subsection (y) of that
regulation prohibited a transferee from receiving an extension—even though a veteran in the same
situation would be entitled to one.
Ms. Carr brought this appeal to challenge the validity of § 21.9635(y), arguing that it is
inconsistent with its authorizing statute, 38 U.S.C. § 3319. We didn’t reach that question in our
initial decision because we concluded that 38 U.S.C. § 3695 prevented anyone—veteran or
dependent—from receiving benefits in excess of 48 months. The Federal Circuit reversed our
decision, however, interpreting the phrase “may receive” as referring not to the amount of benefits
a person may receive,

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