Congressional Tug-of-War Over Veterans' Heathcare?
Robert O'Dowd Salem-News.com
An unknown number of veterans and dependents were exposed to environmental
hazards on military installations. DOD refuses to accept responsibility for the
health effects of exposure. Two bills introduced in the Senate and House provide
for health care coverage. Major differences in the bills need to be worked out.
Feb-10-2010
Source:
http://www.salem-news.com/articles/february102010/toxic_bases_ro.php
(WASHINGTON D.C.) - The Department of Defense (DOD)’s refusal to accept
responsibility for the health effects of exposure to contaminated water at Camp
Lejeune, North Carolina, has left veterans and their dependents, many without
health care, out in the cold.
Both the Senate and the House have introduced bills to provide the needed heath
care, but the differences between the bills will require bipartisanship
compromise.
The Senate bill includes environmental hazards at all military installations
(except for those in Iraqi and Afghanistan) while the House bill covers only
Marine Corps Base Camp Lejeune, North Carolina.
Other differences are potential deal breakers. The Senate bill requires that DOD
provide health care through its TRICARE insurance program while the House bill
gives the VA the responsibility for both veterans and dependents health care.
On January 28th, the Senate Committee on Veterans Affairs voted 9 to 5 along
party lines in favor of an original bill sponsored by Senator Daniel Akaka (D,
HI) to provide health care through the DOD TRICARE insurance program to Camp
Lejeune veterans and dependents and exposed to environmental hazards from the
contaminated base water wells.
The Akaka bill, “Examination of Exposures to Environmental Hazards During
Military Service Act of 2010” requires that DOD provide compensation or health
care to other veterans and dependents of other military installations whenever
an Advisory Board found evidence of exposure to environmental hazards.
The bill excludes exposure to an environmental hazard at a military installation
during a period when imminent danger pay is authorized. My read on this is that
the exposure from contaminants in the Iraqi burn pits is excluded.
An Iraqi veteran who has been exposed to the toxins from the burn pits and is
experiencing a breathing problem should file a disability claim with the VA. The
C&P exam should include a Pulmonary Function Test (PFT) and as Jim Strickland,
Veterans Advocate, noted “that will be an important baseline marker for your
future.”[1]
In a press release, Senator Akaka noted that “Based on what I have seen, it
appears clear that elements in the Department of Defense have been less than
forthcoming in addressing these concerns [potential exposures to toxic
substances at Camp Lejeune. That failure does not relieve the Defense Department
of its responsibility, nor mean that the burden should be placed on the Veterans
Affairs Department.”
Scientists with the National Research Council (NRC) admit that "evidence exists
that people who lived or worked at Camp Lejeune Marine Base in North Carolina
between the 1950s and 1985 were exposed to the industrial solvents
trichloroethylene (TCE) or perchloroethelyne (PCE) in their water supply."
The NRC report funded by the Navy stated that, "...strong scientific evidence is
not available to determine whether health problems among those exposed are due
to the contaminants." Among these heath conditions are birth defects, childhood
leukemia, liver damage, and male breast cancer.
Other scientists disagree with the NRC report’s findings, expressing
disappointment that the NRC report which took two years in the preparation
“reached puzzling and in some cases erroneous conclusions.”[2]
The Senate Veterans Affairs Committee has jurisdiction over the Department of
Veterans Affairs. The Akaka bill will be reported by SVAC and go on the Senate
calendar. There is no requirement that SASC be involved. It’s possible that SASC
will seek to be involved but that has not happened to date, according to a
Congressional source.
The problem is the Senate Armed Service Committee’s leadership supports DOD,
according to another Congressional source.
Senator Akaka’s bill is not the first Congressional attempt to address the need
for medical care for those injured by the health effects of exposure to
contaminated water at Camp Lejeune.
Senator Richard Burr (R, NC), Ranking Minority member of the Senate Veterans
Affairs Committee, in July 2009 introduced S-1518, “Caring for Camp Lejeune
Veterans Act of 2009.”
The Department of Veterans Affairs is the designated health care provider in
S-1518. However, Senator Burr’s bill could not clear the Senate Committee on
Veterans Affairs.
Senator Burr vowed to continue the fight and to attach his bill to any bill on
the Senate floor, whenever the occasion arose.
Acknowledging DOD’s hostility to providing health care benefits, Senator Burr
commented: "The committee's vote today [January 28th] supposes that somehow by
immaculate conception health care will appear for these veterans and their
families."
A companion bill to S-1518 was introduced in the House on February 2nd.
Representative Brad Miller (D, NC) introduced “The Janey Ensminger Act,” which
requires the Department of Veterans Affairs to provide health care to veterans
and their family members who have experienced adverse health effects as a result
of exposure to contaminated well water at Camp Lejeune.
The bill is named after Janey Ensminger, age 9, daughter of retired Marine
Master Sergeant Jerry Ensminger who died from leukemia after exposure to
contaminated drinking water at Camp Lejeune.
Camp Lejeune, however, is not the only base where veterans and their dependents
were at risk for exposure to environmental hazards.
There are 130 military installations on the National Priority List (EPA
Superfund list) and 1,400 military sites contaminated with trichloroethylene (TCE)—a
degreaser widely used by the military and industry for many years and a major
pollutant in water systems throughout the United States.
According to a Congressional source, it would take from 2 to 4 months to produce
a Committee report on the Akaka bill, assuming the SASC does not object. If the
jurisdictional issues raises its ugly head, don’t look for a quick passage of
legislation.
"Hoosier poet" James Whitcomb Riley is credited with the quote: “When I see a
bird that walks like a duck and swims like a duck and quacks like a duck, I call
that bird a duck."
By making DOD the provider of health care and introducing the possibility of
SASC objection, the Akaka bill is in danger of being a “dead duck.”
Closer Look at Senator Akaka’s Bill
For Camp Lejeune, eligible individuals would receive health care through DOD’s
TRICARE insurance program. The bill gives DOD the authority to compile a list of
eligible individuals exposed to environmental hazards at Camp Lejeune. Look for
short list. It makes more sense to give this responsibility to a neutral party
like the Agency for Toxic Substances and Disease Registry (ATSDR).
For other military installations, the bill establishes an Advisory Board with
authority to submit a report with a recommendation that DOD should provide
compensation or TRICARE health care benefits to veterans and their dependents
exposed to environmental hazards. One obvious problem is this gives DOD the
discretionary authority to reject Advisory Board’s recommendations. Look for
lots of rejections.
Unlike other military installations, Camp Lejeune veterans and dependents are
not given the choice of financial compensation or TRICARE health benefits.
TRICARE requires eligible individuals to pay insurance premiums. There’s no
provision in the bill to waive health insurance premiums.
For Camp Lejeune only, the bill provides a “Sunset” provision, which states that
“eligibility for benefits under this section shall terminate on the date
that is 5 years after the date of the enactment of the Act.” This assumes that
all Lejeune veterans and dependents on the base when the water wells were
contaminated have been notified of their eligibility for TRICARE health benefits
within 5 years.
The bill establishes an Advisory Board and Science Review Panel with scientists
with backgrounds in environmental exposure or environmental exposure
assessments, health monitoring or other related fields would be an integral part
of the administrative process.
The Advisory Board (except for Camp Lejeune) is responsible for providing expert
advice relating to exposures of current and former members of the Armed Forces
and their dependents. If there’s no evidence of exposure, the board makes a
recommendation of such a finding to VA and DOD. Although no specifically
addressed in the bill, the VA would likely use the board’s findings to deny a
veteran’s disability claim.
With exception of Camp Lejeune where health care to eligible individuals is
mandatory, the Advisory Board only has authority to submit reports with
recommendations that DOD should provide compensation or TRICARE health care
benefits to veterans and dependents exposed to environmental hazards. These
recommendations are very likely to be dismissed by DOD who can readily provide
scientific arguments supporting denial of compensation or health care.
There’s no provision in the bill to review the independence of scientists. For
example, scientists who are employed by defense contractors or universities with
DOD contracts or grants should be excluded from the Advisory Board and Science
Review Panel.
Logically, it make sense to have an independent advisory board with access to
scientists with environmental exposure backgrounds to evaluate military hazard
claims. Without a major change in attitude on the part of DOD, it makes little
sense to give DOD discretionary authority to make decisions about compensation
or health care benefits.
Over the next several months, we’ll know the outcome of the tug-of-war between
the Senate and the House. Stay tuned. In the immortal words of Yogi Berra, “It
ain’t over till it’s over.”
[1]
http://www.vawatchdog.org/09/nf09/nfmay09/nf052809-3.htm
[2]
http://www.tceblog.com/2009/06/18/scientists-speak-out-on-cl-report-disappointed-dismayed-disagree-should-not-stand-as-final-word-nc/
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Bob O’Dowd is a former U.S. Marine with thirty years of experience on the east
coast as an auditor, accountant, and financial manager with the Federal
government. Half of that time was spent with the Defense Logistics Agency in
Philadelphia. Originally from Pennsylvania, he enlisted in the Marine Corps at
age 19, served in the 1st, 3rd, and 4th Marine Aircraft Wings in 52 months of
active duty in the 1960s. A graduate of Temple University, Bob has been married
to Grace for 31 years. He is the father of two adult children and the
grandfather of two boys. Bob has a blog site on former MCAS El Toro at
mwsg37.com. This subject is where Bob intersected with Salem-News.com. Bob
served in the exact same Marine Aviation Squadron that Salem-News founder Tim
King served in, twenty years earlier. With their combined on-site knowledge and
research ability, Bob and Tim and a handful of other ex-Marines, have put the
contamination of MCAS El Toro on the map. The base is highly contaminated with
TCE, trichloroethelyne
You can email Bob O’Dowd, Salem-News.com Environmental and Military Reporter, at
this address: consults03@comcast.net