WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) – ranking member of the Senate Veterans’ Affairs Committee (SVAC) – responded to President Biden’s State of the Union address by calling on Secretary of Veterans Affairs Denis McDonough to act quickly to deliver disability benefits for veterans.

President Biden announced nine new presumptions during the State of the Union address, which will give toxic-exposed veterans greater access to disability compensation and health care through the Department of Veterans Affairs (VA). The VA is currently conducting a pilot program on presumptives that allows the secretary to make scientific and data-driven decisions on which presumptives to include for toxic-exposed veterans.

“In previous correspondence with me, you noted that you have broad authority under existing law to establish presumptions of service-connection to toxic substances,” Sen. Moran wrote to Secretary McDonough. “Using that authority, you established three new presumptions last year—asthma, rhinitis, and sinusitis—and announced the creation of nine more on March 1, 2022.”

“Based on your previous comments before this committee about what authority you needed and thought was in the best interest of our veterans, I was surprised to learn of the Administration’s ‘strong support’ for H.R. 3967, the Honoring Our Promise to Address Comprehensive Toxics (PACT) Act, which is scheduled for a vote in the House this week,” continued Sen. Moran. “Support of this bill seems contrary to our conversations and your public comments.”

Sen. Moran questioned why Secretary McDonough needed to wait on passing legislation like the PACT Act in order to add new presumptive conditions to the VA’s list for claims as they relate toxic exposures. Secretary McDonough has now demonstrated he already has the authority to add more presumptive conditions for VA disability claims, as he has previously stated in SVAC hearings.

“Waiting any longer, like veterans have for years, would appear inconsistent with the President’s call to action on this issue during his State of the Union address,” added Sen. Moran. “I remain committed to work with Chairman Tester and you on our phased approach to comprehensively address health care and benefits for toxic-exposed veterans, but it would seem that the quickest and surest way to deliver benefits for veterans is for you to act now using the authority you already have.”

Sens. Moran and Tester introduced the Health Care for Burn Pit Veterans Act in February, and this legislation unanimously passed the Senate later that month. The Health Care for Burn Pit Veterans Act is the first of a three-step approach to expand access to health care for toxic-exposed veterans, establish a new process through which VA will determine future presumptive conditions, and provide overdue benefits to thousands of toxic-exposed veterans who have been long-ignored or forgotten.

Phase two includes oversight hearings on the VA pilot program currently being conducted by the VA.

The full letter can be found here and below.

Dear Secretary McDonough,

In previous correspondence with me, you noted that you have broad authority under existing law to establish presumptions of service-connection to toxic substances.  Using that authority, you established three new presumptions last year—asthma, rhinitis, and sinusitis—and announced the creation of nine more on March 1, 2022.

In a letter to President Biden,  I asked for his help in unifying the Congress around the Health Care for Burn Pit Veterans Act, which unanimously passed the Senate last month. This bill is the quickest way to get help to sick veterans, which is the one authority you have said you need from Congress. It also allows for Congress to continue working with you on establishing a framework, based on the findings from VA’s current pilot program, for quicker decisions on presumptions using a holistic approach that considers clinical and claims data. Finally, the Health Care for Burn Pit Veterans Act does not risk the negative operational effects on veterans due to claims backlogs that you and other VA officials have expressed concerns about in regard to other legislation.

Based on your previous comments before this committee about what authority you needed and thought was in the best interest of our veterans, I was surprised to learn of the Administration’s “strong support” for H.R. 3967, the Honoring Our Promise to Address Comprehensive Toxics (PACT) Act, which is scheduled for a vote in the House this week. Support of this bill seems contrary to our conversations and your public comments. Not only is this the first bill on toxic exposure the Administration has endorsed this Congress despite numerous legislative hearings on multiple bills, but it also contains a list of 25 presumptions for veterans of both the Vietnam and Gulf War era.  It would appear then the Administration has resolved its and your concerns regarding whether to proceed with those 25 presumptions, the operational effect doing so would have on claims and veterans seeking VA benefits, and the threshold of available data and scientific evidence backing their establishment in law. 

Therefore, I call on you to wait no further and act now under the authority that you agree Congress has already given you to establish the 25 presumptions of service-connection for diseases listed in the PACT Act. Waiting any longer, like veterans have for years, would appear inconsistent with the President’s call to action on this issue during his State of the Union address. 

I remain committed to work with Chairman Tester and you on our phased approach to comprehensively address health care and benefits for toxic-exposed veterans, but it would seem that the quickest and surest way to deliver benefits for veterans is for you to act now using the authority you already have. 

Please respond as soon as possible regarding the Biden Administration’s support for establishing presumptions of service connections and your plans for issuing regulations that cover the conditions listed in the PACT Act. Please also include how VA plans to address the negative operational impacts of these new presumptions identified in the enhanced technical assistance you provided on COST of War Act last year. Our veterans need not wait any longer for VA to act if you have the authority you need and have a sufficient factual basis for new presumptions.

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