Senators Bayh and Clinton Introduce Legislation to Provide Better Care for Soldiers with Traumatic Brain Injury

Press Release

Senators Bayh and Clinton Introduce Legislation to Provide Better Care for Soldiers with Traumatic Brain Injury

U.S. Senators Evan Bayh and Hillary Rodham Clinton today announced legislation that would offer immediate help for severely wounded soldiers suffering from Traumatic Brain Injury (TBI), by extending their active duty status so they can continue receiving care through the Department of Defense and specialized private care centers while the VA develops the capacity to meet their unique care needs. While TBI has been identified as the "signature injury" afflicting our soldiers in Iraq and Afghanistan, bureaucratic red tape and a system designed to handle body trauma and aging veterans has made it difficult for these soldiers to obtain care.

"Administrative and medical shortcomings have prevented many of our heroes from receiving the care they desperately need and deserve," Senator Bayh said. "This legislation would provide an immediate solution for the hundreds of soldiers suffering from Traumatic Brain Injury, which is especially critical when time plays such an important role in recovery. No soldier should have to fight for quality care, and I am proud to work with Senator Clinton, MOAA and the Wounded Warrior Project to offer a way to help them, regardless of their military status."

"When you serve your country, your country should serve you. And when a service member is severely injured, that soldier, Marine, airman, sailor, Reservist, or Guard member deserves the very best health care and treatment a grateful nation can provide. That is the promise this bill will help keep for wounded warriors with traumatic brain injuries and their families," said Senator Clinton.

The legislation would provide a one year medical extension to allow soldiers suffering from TBI to retain active duty status, which provides them access to cognitive therapy in private rehabilitation hospitals and facilities. Most problems with care have occurred when soldiers suffering from TBI have been transferred from active duty status to retired, where they can no longer access private care centers and must receive treatment through the VA, which lacks the capability to treat TBI patients.

In addition, the legislation would appoint a Department of Defense medical advocate for all TBI patients, to help them navigate the red tape and bureaucracy that often surrounds treatment. Finally, the legislation would require an annual report beginning in two years to ensure that the Department of Veterans Affairs is making improvements in its abilities to treat TBI victims, to bridge the gap between the treatment received by active duty and retired troops.

Senators Bayh and Clinton were joined on the call by representatives of the Wounded Warrior Project and Military Officers Association of America, which participated in the drafting of this legislation.

"This initiative is an immediate priority for our severely injured TBI patients and their families. The Wounded Warrior Project is pleased that Senators Bayh and Clinton have listened to the concerns of our injured servicemembers and looks forward to working with them to give these families more time to understand their options and adapt to their difficult situations," said Meredith Beck, National Policy Director for the Wounded Warrior Project.

"This proposed legislation provides an important interim option for servicemembers who have suffered severe traumatic brain injuries and their families—a critical option while DoD and the VA continue to work together toward seamless transition for the severely wounded. By staying under the DoD umbrella these victims are afforded a health care continuum assurance that currently is not guaranteed once released from active duty," said Ana Smythe (Col USMC Ret) Deputy Director, Government Relations MOAA.

As members of the Armed Services Committee, Senator Bayh and Senator Clinton also announced plans to attend a hearing Thursday to question military leaders, including Deputy Secretary of Defense Gordon England, on what measures the Department of Defense is undertaking to remove the barriers for soldiers to receive treatment.

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