For most of the past century, the U.S. Congress has shaped veterans’ issues and benefits with the able and direct assistance of the Veterans’ Service Organizations. Some of these VSOs are very familiar to most of the public. Organizations such as the American Legion — of which I have been a proud member for almost 40 years — the Veterans of Foreign Wars, the AMVETs, and dozens of others have been specially charged by Congress to help shape legislation that allows our debt to veterans to be effectively met.
One of the great hallmarks of this relationship is that the VSOs have always understood that some things can be done, others cannot; that the Congress has limited resources and that these limited resources need to be focused to do the maximum good. The VSOs (unlike AARP, unions, and the Chamber of Congress) have never advocated every dollar imaginable. They have been valuable members of the legislative process, guiding the discussion on what is possible and getting the most for the veterans from that pot.
It is this forbearance that has allowed the VSOs unprecedented access to the “sausage making” process. They are often in the room helping to shape policy with legislators. This cooperation — even collaboration — has built an amazing history of bipartisan work with Congress. Very seldom has one VSO differed greatly from the others. That is, until today, when the VFW has decided to pull out all the stops to stall Congress’ re-examination of sleep apnea and tinnitus as “service-related” disabilities.
The Take Care of America’s Veterans Act is an omnibus bill that bundles more than 60 provisions from various stalled veterans’ bills. Section 108 of TCAVA, would direct the Secretary of Veterans Affairs to revise the VA’s disability ratings for sleep apnea and tinnitus. The savings from this revision would total roughly $57 billion over 10 years — even without retroactive redesignation. Sleep apnea and tinnitus would continue to be treated at VA health care facilities, but they would no longer provide the basis for a disability check for the service member in most cases.
Currently, sleep apnea and tinnitus are very often diagnosed as service-related disabilities, allowing for the most common designation of 50% disabled and 10% disabled, respectively. In some cases, sleep apnea can even result in the designation of 100% disabled. By comparison, a service member who has lost his left hand in combat is allowed a 50% disability, or who has lost a leg in combat and had an amputation below the knee is allowed 40% disability. Such disproportionality underscores why the VA began updating its disability rating system years before TCAVA was even under consideration.
Congress wants to use the estimated $57 billion saved by the redesignation of sleep apnea and tinnitus to do other good for veterans. It would pay for dozens of other TCAVA provisions that would strengthen mental health support, improve spinal cord injury care, expand resources for survivors and families, enhance caregiver programs, and much more.
That’s why a coalition of nearly all (23) major VSOs led by the American Legion supports TCAVA. They see it as a pragmatic solution: a net expansion of benefits across the wider veteran community where the gains far outweigh the trade-off. However, and like almost never seen before, the VFW has decided to fight and die on the sleep apnea hill in opposition to Congress, the other VSOs, and the will of the veterans’ community at large. A recent survey found that 71% of veterans surveyed support TCAVA, siding with the American Legion and its coalition.
The VFW is not posing a gentlemanly opposition, it is going scorched earth on the legislation, Congress, and, unbelievably, on the other VSOs, including the American Legion. The VFW is literally throwing a tantrum. It is unprecedented and incredible.
Members of the VFW Auxiliary have accused the American Legion of spreading misinformation. In a blog post, one even claimed the American Legion’s National Adjutant, Rodney K. Rolland, was spreading “big beautiful bulls***” as he tried clarifying the record regarding misinformed beliefs around TCAVA.
VFW’s “firing squad” cartoon also drew a congressional call to review its claims-assistance authority. In short, the VFW is literally putting its VSO congressional mandate at risk over sleep apnea’s designation as a service-related disability!
To take in this extreme reaction, Congress has put off consideration of the bill until September to assess and understand the unprecedented reaction of the VFW in a bow to the desire to return to the civil and very effective way of moving veterans’ issues for the past 100 years.
CONGRESS WANTS TO MAKE DISABLED VETERANS PAY FOR EACH OTHER’S INJURIES
As a long-time Legionnaire, it pains me to see an organization with which we have worked so closely in the past take such a misguided stance. Hopefully, the VFW will return to sanity before that time and can support TCAVA for all of the good reasons stated. But if it refuses, Congress should not allow one organization to hold more than 60 veterans’ priorities hostage over disability-rating reforms the VA can pursue regardless of what Congress does.
The VFW has made its objections known. When lawmakers return in September, they should listen to the overwhelming majority of veterans and VSOs, pass TCAVA and move on.
Congressman Mike Flanagan sat on the Committee on Veterans’ Affairs. He is a longtime member of the American Legion and previously sat on the board of American Legion Illinois Premier Boys State.