In this issue:
Federal Court of Appeals Hearing on AOBWN Issue
VA Disability Appeals Reform Introduced
House and Senate Subcommittees Have Oversight Hearings of VA 
Unemployment for Post-911 Veterans Drops
Military Spouse Appreciation Day

Federal Court of Appeals Hearing on AOBWN Issue
FRA staff Chris Slawinski and Brian Condon attended the hearing. Oral arguments took place in the case of Blue Water Navy Vietnam Veterans v. Secretary of Veterans Affairs took place last week at the United States Court of Appeals for the Federal Circuit in Washington, DC. FRA Shipmate Commander John Wells, USN (Ret.) argued on behalf of the Blue Water Veterans. The hearing was to determine judicial jurisdiction in the case.

Lawyers for the Department of Veterans Affairs (VA) held firm in their position that all rules and policies were followed when it applied additional restrictions for those service members who did not step foot on land in Vietnam. 

Shipmate Wells argued that based on other court decisions, current VA policies are contradictory and require clarification by the court. The three-judge panel asked specific and concise questions challenging both Wells and the VA on their respective positions. One judge stated, "We can be sympathetic all we want but we can't make a decision that is inconsistent with the law."

VA Secretary Dr. David Shulkin has the authority to authorize inclusion of Blue Water Vets into the presumptive category for Agent Orange, which would make these court proceedings irrelevant. The Court's decision is expected in a few months. FRA is seeking a legislative remedy and members are encourage to use the FRA Action Center on our website  to ask their legislators to pass legislation (H.R.299/S.422) and ask VA Secretary Shulkin to implement regulation to expand presumption to include Blue Water Veterans. 

VA Disability Appeals Reform Introduced
FRA Director of Legislative Programs John Davis attended a House Veterans' Affairs Committee hearing on reforming and modernizing the Department of Veterans Affairs appeals process for appeals of disability claim decisions.  In connection with that hearing, Rep. Mike Bost (Ill.) Subcommittee on Disability Assistance and Memorial Affairs Chairman and Ranking Member Elizabeth Esty (Conn.) introduced the "Veterans Appeals Improvement and Modernization Act" (H.R.2288). Senate Veterans' Affairs Committee Chairman Sen. Johnny Isakson (Ga.) along with Sen. Richard Blumenthal (Conn.) plan to introduce companion legislation in the Senate. 

The bill would create three "lanes" for veterans' appeals: 

•    Local Higher Level Review Lane where an adjudicator reviews the same evidence considered by the original claims processor
•    New Evidence Lane where the veteran could submit new evidence for review and have a hearing
•    Board Lane where jurisdiction for the appeal would transfer immediately to the Board of Veterans' Appeals

The bill would give the Secretary authority to test the new system prior to full implementation. It would also allow some veterans, already going through the appeals process, to opt into the new system. It would require the VA to provide a comprehensive plan for processing legacy appeals-appeals filed before the effective date of the bill.

"I am proud to introduce this long-overdue legislation to provide veterans with a streamlined process to have their appeals decided in a timely manner. As of March 1, 2017, 470,000 veterans are still waiting on a decision from the VA. This is unacceptable, and I thank President Trump and Secretary Shulkin for making appeals reforms a priority for this administration," said Bost. 

Members are urged to use the FRA Action Center on our website to ask their Representatives to support this bill. 

House and Senate Subcommittees Have Oversight Hearings of VA 
The House Appropriations Subcommittee on Military Construction, Veterans Affairs and Related Agencies held a hearing to review the VA's budget recommendations. Secretary of Veterans Affairs Dr. Shulkin informed the subcommittee about: 

•    Improving the VA Caregiver program
•    Expanding access to mental health care for veterans with other-than-honorable discharges 
•    Advancing interoperability of electronic medical records between VA and DOD
•    Closing more than 1,000 unused or underutilized buildings that cost the VA $25 million a year

The House Subcommittee also discussed the cost of improving the VA Choice Program and expanding benefits for Agent Orange Blue Water Navy Vietnam Veterans. 

The Senate Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies held a hearing on the VA Telemedicine program that is improving health care access, improving health care outcomes and reducing costs for the VA. The program allows veterans to consult with medical providers without having the expense of traveling to the medical facility. Testifying VA staff asked for legislation to allow for the use of telehealth across state lines if the veteran and doctor are outside of a VA facility. 

Unemployment for Post-911 Veterans Drops
The unemployment rate for post-911 veterans has recently dropped from five percent to 3.9 percent according to the U.S. Bureau of Labor Statistics. The unemployment rate for the youngest generation of veterans dipped from 5 percent in March to 3.9 in April-the lowest since the federal government started tracking this group in 2008. Overall it dropped to 3.7 percent, the lowest since May 2016. 

For nonveterans, the rate in April was also 3.9 percent, according to the Bureau of Labor Statistics. The job loss rate for Americans overall also dropped slightly, as the U.S. added a total of 211,000 jobs last month, primarily in the hospitality, food service and healthcare industries.

Military Spouse Appreciation Day
Friday, May 12, 2017 is Military Spouse Appreciation Day, created by President Ronald Reagan in 1984 to honor the contributions and sacrifices made by military spouses. Their commitment and support helps to keep our country safe.  America's military spouses are the backbone of the families who support our troops during mission, deployment, reintegration and reset. Military spouses are silent heroes who are essential to the strength of the nation and they serve our country just like their loved ones.

Click here to read more about this Appreciation Day.