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Senate Hearing Focuses on Veterans’ Legislation

On October 30, the Senate Veterans’ Affairs Committee held a hearing on several pieces of legislation affecting veterans, including the Survivors of Military Sexual Assault and Domestic Abuse Act (as-yet-unnumbered), sponsored by Chair Bernie Sanders (I-VT), and the Military Family Relief Act (S. 1573), sponsored by Sen. Jon Tester (D-MT).

With regard to the Survivors of Military Sexual Assault and Domestic Abuse Act, Sen. Sanders said, “We also have a responsibility to ensure VA [Department of Veterans Affairs] is providing appropriate care and support to those who have experienced military sexual assault. We know sexual assault occurs all too often in the military. According to [the] DoD [Department of Defense], an estimated 26,000 servicemembers experienced unwanted sexual contact in 2012. That is why I introduced legislation that would expand access to VA’s counseling and care services to active duty servicemembers who have experienced military sexual trauma. Further, studies have found domestic abuse occurring at higher rates in military populations than in civilian populations. Survivors of domestic abuse are at increased risk of chronic health issues. My legislation, the Survivors of Military Sexual Assault and Domestic Abuse Act of 2013, would lay the groundwork for VA to develop a more comprehensive response to domestic abuse. This bill would ensure sexual assault and domestic abuse survivors have the necessary care, support, and tools to confront and overcome the emotional and physical consequences of these horrific experiences.”

Speaking in support of the Survivors of Military Sexual Assault and Domestic Abuse Act, Adrian Atizado, assistant national legislative director, Disabled American Veterans (DAV), said, “We appreciate the intent of the bill to improve better collaboration between DoD and VA, specifically related to transition from military service to veteran status, as it is essential in achieving this goal. Due to the stigma and sensitive and personal nature of sexual assault, coupled with the unique and complex military hierarchy, rules and regulations that service members are subjected to, it appears it would be extremely beneficial for active duty service members, including National Guard and Reserve troops, to have access to MST [military sexual trauma] counseling and care from VA.” Mr. Atizado added, “DAV also suggests the committee consider adding a provision in the bill related to MST care and beneficiary travel reimbursement. As a result of VA clinical determinations, some veterans are referred to VA medical facilities other than their local facilities or closest Veterans Integrated Service Network to receive the specialized MST care they need. The VA Office of Inspector General (IG) conducted a health care inspection of inpatient and residential programs for female veterans with mental health conditions related to MST. The IG found that obtaining authorization for travel funding was frequently cited as a problem for patients and staff.”

With regard to the Military Family Act, Mr. Atizado said, “If enacted, S. 1573 would allow a surviving spouse to receive payment of survivors’ benefits temporarily, for six months, with no lapse in time from the discontinuance of disability compensation upon the veteran’s death. Given the current backlog of pending claims within the Veterans Benefits Administration (VBA), surviving spouses are left for months upon months with no income between the time of the veterans’ death (and resultant loss of disability compensation) and the time dependency and indemnity compensation (DIC) benefits are awarded…Generally, claims submitted for DIC that meet any of the aforementioned eligibility criteria can be processed by VBA very quickly because little to no development is required. However, because of the dire backlog of claims within VBA, qualified surviving spouses are left to languish for unacceptably long periods of time with no income…S. 1573 is directed specifically at bridging the gap of benefits between the veteran’s death and the time DIC is awarded. While this measure would provide DIC only temporarily for six months, it would ease the burden the veteran’s death and immediate loss of vital income while VBA finally processes the claim.”

The following witnesses also testified: