Are Veterans Being Denied Care?
Service in the military is inherently dangerous. Combat, of course, imposes obvious risks towards life and limb. The risks faced by many support specialists can also cause severe injury and illness.
Veterans facing medical ailments, incurred during their service, are entitled to the best treatments available. Does the Veterans Administration (VA) provide a simple and effective pathway for our nation’s finest to find relief for pain and illness?
Current Law
U.S. Code Title 38 specifies that the VA Secretary may deny medical claims if the applicant misses a VA-requested examination:
(d)Medical Examinations for Compensation Claims.—
(1) In the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (a) shall include providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.
(2)The Secretary shall treat an examination or opinion as being necessary to make a decision on a claim for purposes of paragraph (1) if the evidence of record before the Secretary, taking into consideration all information and lay or medical evidence (including statements of the claimant)—
(A) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and
(B) indicates that the disability or symptoms may be associated with the claimant’s active military, naval, air, or space service; but
(C) does not contain sufficient medical evidence for the Secretary to make a decision on the claim.
Veteran Realities
Veterans are frequently faced with multiple maladies that may prevent or delay attending a medical examination. Physical injuries accompanied by PTSD or chemical exposure can result in hospitalization and inability to attend a VA evaluation. Are VA medical examinations still mandatory under such circumstances?
H.R. 5890 — 118th Congress (2023-2024)
If the VA has documentation of the service connection and non-VA doctors support the claim, then the question becomes: Should the claim stand despite the inability of the veteran to attend a VA examination?
Rep. Morgan Luttrell (R-TX-8) has introduced the “Review Every Veterans Claim Act of 2023” (H.R. 5890). The proposed legislation would change subsection (d) to read as follows (changes are underlined):
(d)MEDICAL EXAMINATIONS FOR CLAIMS FOR BENEFITS.—
(1) In the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (a) shall include providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.
(2)The Secretary shall provide for a medical examination or obtain a medical opinion under paragraph (1) if the evidence of record before the Secretary, taking into consideration all information and lay or medical evidence (including statements of the claimant)—
(A) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and
(B) indicates that the disability or symptoms may be associated with the claimant’s active military, naval, air, or space service; but
(C) does not contain sufficient medical evidence for the Secretary to make a decision on the claim.
(3) If a veteran fails to appear for a medical examination provided by the Secretary in conjunction with a claim for a benefit under a law administered by the Secretary, the Secretary may not deny such claim on the sole basis that such veteran failed to appear for such medical examination.”
Put simply: Veterans who find themselves unable to attend scheduled VA examinations cannot be automatically denied benefits. Claim coverage would be assumed in the presence of pre-existing conditions resulting from military service.
Obligations
H.R. 5890 places a fundamental question before We the People and our duly elected representatives: Shall benefits to veterans be extended based on documented injury/illness while in service or withheld if unable to be present for VA-scheduled testing?
This is a moral issue that each citizen needs to ponder. Our military veterans await our decision.
