The Veterans' Benefits Improvement Act of 2008


On September 15, 2008, my article on Sgt. Juan Jimenez ran in The Nation.  Jimenez had been wounded in Iraq, then denied benefits due to a VA regulation which denies benefits to wounded veterans until they can prove their wounds came from war.

My investigation sparked outrage on Capitol Hill.  As with my personality disorder series, Congress was quick to act. 

On October 10, President Bush signed the Veterans Benefits Improvement Act (S. 3023).  The new law radically restructures the benefits system so that soldiers who return from combat with "severe disabilities" will now receive immediate benefits.

As one lawmaker explained, the act is meant to guarantee that America's next group of Sgt. Jimenezes will get their benefits immediately, without having to prove anything.
     
                  
   
                       How the Act Works
    
S. 3023 is an omnibus law covering a wide range of veterans' issues.

Section 211 restructures the "proof" system that hobbled Sgt. Jimenez.  Wounded vets need to prove they are disabled to a medical board, which evaluates them and gives them a disability rating (from zero to 100 percent disabled).  The higher the rating, the larger the veterans' disability check. 

With the large backlog of cases, veterans often wait over one year to be processed by the board.  During that time, many severely wounded veterans struggled without benefits.

With these changes, the VA can now provide a temporary disability rating to veterans with "severe disabilities," paving the way for them to receive benefits right away, long before their med board evaluation.
     
                  
   
                             Author of 211


Section 211 was written by Rep. John Hall (D-NY) and championed in the Senate by Sen. Hillary Clinton (D-NY). 

The omnibus bill, S. 3023, was introduced by Sen. Daniel Akaka (D-HI).

The Veterans Benefits Improvement Act was approved by the Senate by unanimous consent; it was passed by the House by a voice vote.

 






 

 

 

 

 
















 




                        

 
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