NewsBytes August 11, 2023
In this issue:
PACT Act Filing Update
House Passes FY2024 MilCon-VA Appropriations
Hawaii Water Contamination Update
Gold Star Families Talk about Afghan Withdrawal
VJ Day August 14
Navajo Code Talkers Day
PACT Act Filing Update
The August 9 deadline for getting PACT Act claims backdated to Aug. 10, 2022, has passed. Those filing claims after August 9 may receive benefits effective on the date of filing. On Aug. 9 the Department of Veterans Affairs (VA) informed the FRA that 18 percent of those who filed on or before Aug. 9 received an error message when submitting their “intent to file” PACT Act claims. The VA has assured us that they are working to contact these individuals to confirm that their intent to file will be honored and their effective date protected.
This comprehensive veterans toxic exposure law provides presumptive benefit status for 12 types of cancer and 12 other respiratory illnesses linked to burn pit exposure in the Gulf War, the War in Afghanistan and the War in Iraq; hypertension and monoclonal gammopathy of undetermined significance (MGUS) for veterans who served in Vietnam; and radiation-related illnesses for veterans who served in several new locations in the 1960s and early 1970s. Veterans or their family members can also get information about PACT Act benefits by visiting the VA’s website or by calling 1-800-MYVA411 (1-800-698-2411). The VA notes that the wait times for these calls, which are normally 10-30 seconds, have reached 10-15 minutes at times throughout the day. The VA is taking immediate steps to minimize these wait times for veterans, their families, caregivers, and survivors.
House Passes FY2024 MilCon-VA Appropriations
The House approved the FY2024 Military Construction, Department of Veterans Affairs and Related Agencies Appropriations (MilCon-VA, H.R.4366). Total funding for FY2024 under the Military Construction-VA bill, including mandatory amounts for veterans’ benefits, would be $317.4 billion. The bill also includes additional advance appropriations for FY2025 for the Department of Veterans Affairs (VA), including $112.6 billion in discretionary funding for medical care and $193 billion for mandatory benefits programs.
The measure would provide $137.8 billion in discretionary funding for the VA in fiscal 2024, $3 billion more than the fiscal 2023 enacted level and the same as requested. The bulk of that funding was provided in advance appropriations from the FY2023 omnibus spending law.
The VA also received an additional $20.3 billion for fiscal 2024 in the June debt-limit deal (P.L. 118-5) for the Toxic Exposures Fund, an account created by the 2022 PACT Act (P.L. 117-168) to furnish care for certain veterans with conditions related to toxic exposure during their service. The deal also provided $24.5 billion for the fund in fiscal 2025.
The debt deal separately provided an additional $17.1 billion for medical care for fiscal 2024 as part of the Toxic Exposures Fund allocation, bringing the total to $138.1 billion for fiscal 2024, according to the report. The bill would also provide $112.6 billion in advance appropriations for medical care in fiscal 2025, which would reach $134 billion when including $21.5 billion in additional medical care funding from the debt deal. The total amount for fiscal 2024 and fiscal 2025 medical care, including the supplemental funds, would equal the administration’s request.
Military construction projects at the Defense Department would receive $17.5 billion for fiscal 2024, $1.5 billion less than in fiscal 2023 and $799.1 million more than requested. The total would include $2 billion for family housing.
The measure includes policy provisions that would bar funds for abortions, except in certain cases. It would also prohibit funds for gender-affirming care; prohibit diversity, equity, and inclusion (DEI) training activities; and bar funds to promote critical race theory.
Hawaii Water Contamination Update
The Navy recently reported that more than 1,000 military family members and civilians filed administrative claims against the government seeking monetary damages related to fuel-contaminated drinking water in Hawaii. The families filed claims under the Federal Tort Claims Act, alleging the Navy released jet fuel and other contaminants from the Red Hill Bulk Fuel Facility into the families’ drinking water and failed to disclose the incidents.
Under the Federal Tort Claims Act, they allege the Navy released jet fuel and other contaminants from the Red Hill Bulk Fuel Facility into the families’ drinking water at least twice in 2021 — May 6 and Nov. 20 — and didn’t immediately disclose the incidents. This brings the total to 1,499 administrative claims filed against the Navy, said Kristina Baehr, founder of Just Well Law, one of three law firms representing nearly 3,000 people affected by the water crisis. These administrative claims are required before individuals can sue the government. If their claims are denied, they will join the pending federal court lawsuit in Honolulu. To date, the government hasn’t granted any of the administrative claims, Baehr said. The claims are generally seeking monetary damages related to medical issues and medical monitoring now and possibly for the rest of their lives. The statute of limitations for filing the administrative claims expires in November.
On Nov. 28, 2021, military families reported smelling fuel odors and seeing an oily film in their tap water. But some had reported mysterious abdominal pain, vomiting, memory loss, skin rashes, eye irritation, and teeth and gum issues even before the signs of fuel appeared. At first, Navy officials told residents it was ok to drink the water.
As first reported in the Jan. 14, 2022, NewsBytes, more than 9,000 military families in Hawaii were moved into hotels in Nov. 2021 after jet fuel from underground storage tanks from the Red Hill Bulk Storage Facility leaked into a well that supplied water to their in-base homes. In response to this incident the FY2023 NDAA requires DoD to defuel Red Hill Bulk Fuel Facility by a deadline approved by the state of Hawaii.
Gold Star Families Talk about Afghan Withdrawal
Congressman Darrell Issa (Calif.) convened a public forum on Aug. 7, to receive testimony from the Gold Star Families of the 13 U.S. servicemembers who were killed in Afghanistan on Aug. 26, 2021. The 13 servicemembers include 11 Marines, one Navy Corpsman and one Soldier. For the first time, these family members share their stories with the public as they still search for the truth and closure for the disastrous withdrawal that cost these men and women their lives. Members can watch event at Congressman Darrell Issa hosts event with Gold Star families of the 13 servicemembers lost in Afghanistan withdrawal .
VJ Day August 14
V-J Day, or Victory over Japan Day, marks the end of World War II, one of the deadliest and most destructive wars in history. When President Harry S. Truman announced on Aug. 14, 1945, that Japan had surrendered unconditionally, war-weary citizens around the world erupted in celebration.
Navajo Code Talkers Day
Navajo Code Talkers Day, celebrated every year on Aug. 14, is the day that recognizes the contributions of Navajo Marines during World War II. These Marines, while serving in the Pacific, transmitted messages using a Navajo language-based code during a time when secret communication was essential. The code was never broken by Japanese forces in the Pacific and proved to be of great assistance to the U.S. Marines.
NewsBytes is FRA's weekly legislative update. If you received this through a forward and would like to subscribe, please e-mail us and include your name and contact information in the body of e-mail. If you are a member of FRA or LA FRA, please include your member number.
Follow FRA on Twitter (https://twitter.com/FRAHQ); Follow FRA on Instagram (www.instagram.com/fra_hq) and "like" FRA on Facebook (use the shortcut of www.fra.org/fb)