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Inconsistent Disability Ratings Shortchange The War’s Wounded

April 16, 2007, Reports of second-rate treatment and facilities for wounded soldiers at Walter Reed Army Medical Center were shameful enough, but now the Pentagon has its hands full with reports about inconsistencies in the way the wounded are rated for their disability claims. The greatest injustice is that the ambiguous and arbitrary system leaves some of the wounded ineligible for assistance for injuries they suffered while serving overseas.

Our service members and veterans deserve better. It’s ridiculous to tell a soldier who has suffered a traumatic brain injury or the loss of arm function that he does not qualify for permanent disability benefits, but that is exactly what is happening all too often.

The chairman of the Veterans’ Disability Benefits Commission testified before Congress on April 11 about the problems in ratings. He said the Pentagon has “strong incentive” to issue low disability ratings to keep from paying disability benefits. When the military gives a wounded service member with less than 20 years of service a disability rating of less than 30 percent, that person does not qualify for lifelong health care and insurance benefits from the Department of Defense. Since 2000, only 7 percent of wounded service members have received disability ratings of more than 30 percent.

Those who receive a disability rating they feel is too low often do not argue. Our military men and women have been taught to follow orders rather than to question them. And after spending months recovering at a hospital, many would rather return home to loved ones than fight for a higher rating.

The problem in filing for disability also extends to our veterans. A recent study by the Government Accountability Office showed the Department of Veterans Affairs had a backlog of 600,000 disability claims. Processing an initial claim took four to six months, and the problem won’t get better anytime soon. The VA is projected to see 638,000 new claims in the next five years.

I am contacted daily by Middle Tennesseans who are struggling to establish a service-connected disability with the VA. Many older veterans have trouble proving their injuries were related to their service, so it’s important for returning service members to file a record of their injuries even if the wounds are not severe enough to warrant immediate compensation. Waiting 20 years to file a claim will only make it more difficult to prove an injury is service connected.

I will continue to work with our veterans to help them get the compensation due to them, and I will continue to work in Congress to make sure our laws help those who have served. Last month, the House passed the Wounded Warrior Assistance Act to establish a system of patient advocates for wounded service members and improve their transition from the Armed Services to the VA system. The bill would also begin to reform the VA disability system to reduce backlogs and inefficiency in the disability evaluation system.

We must continue to work to address the failures in the military health care system and honor the promises made to the men and women who have volunteered to serve in our military. Those who fight bravely for this country should not be shortchanged by the very government that sends them into harm’s way.

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