Hastings Introduces the Veterans Pensions Protection Act of 2016

Today, Congressman Alcee L. Hastings (D-FL) made the following statement after introducing the Veterans Pensions Protection Act of 2016 (please find attached a copy of the legislation):

"I am pleased to again introduce the Veterans Pensions Protection Act. By closing a loophole in the Department of Veterans' Affairs (VA), this legislation will protect our nation's most vulnerable veterans from unfairly losing their pensions."

The Veterans Pensions Protection Act of 2016 exempts reimbursements for medical expenses and pain and suffering from the VA's calculation of income when determining pension eligibility. Under current law, these forms of compensation are considered income and count against a veteran's pension.

"A few years ago, a constituent of mine was confronted with this terrible situation. A disabled veteran, he was struck by a vehicle while crossing the street in his wheelchair. After he received an insurance settlement to cover the damages and his medical expenses, his pension was abruptly cut off. Without it, he could not cover his daily expenses or his mortgage. Luckily, he did not lose his home, but the fact that such a situation is even permissible is totally unacceptable. This oversight needs to be addressed."

Three additional exemptions were proposed in an earlier version of this legislation (the Veterans Pensions Protection Act of 2011) and were included in the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012, which was signed into law by President Obama on August 6, 2012. Because of this, 38 USC § 1503(a)(5) now exempts certain reimbursements for material goods from the VA's calculation of income.

"I am pleased that the U.S. Congress already acted to exempt reimbursements for material goods damaged by accident, theft, loss, and casualty loss -- exemptions I called for in a previous version of this legislation -- from the VA's income calculations. Now it's time to finish the job and ensure that our veterans are protected from being cut off from the pensions. Congress should pass this measure without delay."

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