[WASHINGTON, D.C.] – At a Senate Veterans’ Affairs Committee hearing today to consider pending legislation, Ranking Member Richard Blumenthal (D-CT) pressed Department of Veterans Affairs (VA) Principal Deputy Under Secretary for Benefits Margarita Devlin for greater transparency surrounding the Department’s decision to expand or remove benefits for toxic exposure-related conditions. Previous reporting revealed the Trump Administration secretly rolled back benefits for a presumptive condition established under the landmark PACT Act for toxic-exposed veterans.

“Ms. Devlin, my Presumptive CLARITY Act requires the VA to publish information about conditions and cohorts it is considering for the purpose of removing toxic exposure-related benefits. It requires VA to educate veterans on how to participate in the PACT Act, which I found is desperately necessary, because not enough veterans are aware of it. Do you agree that the VA should provide transparent and proactive notification when it makes significant changes to presumptive benefits and notify more veterans about the PACT Act?”

When Devlin responded that VA already publishes these changes in the Federal Register, Blumenthal quipped: “With all due respect, I don't know too many veterans who read the Federal Register on a regular basis. Can’t more be done?”

Witnesses from the second panel also shared their support for the Senator’s Presumptive CLARITY Act. Jennifer Goodale, Director of Government Relations for Veteran and Retired Affairs at Military Officers Association of America, built off Blumenthal’s earlier comments and emphasized the need for greater transparency: “…[T]here are not a lot of veterans that are consistently check the federal register. We agree there has got to be a better way to share a very clear outlook of what’s being considered, what cohorts and conditions, when it comes to presumptives.”

Blumenthal introduced the Presumptive CLARITY Act in November to require VA to establish a public-facing website to educate toxic-exposed veterans on the processes it uses to determine which conditions are related to military toxic exposures. This would ensure veterans know if VA plans to add or remove their exposure or condition as a presumptive and instruct veterans on how they can provide input. Currently, VA lacks a consolidated website where veterans can access this information.

During the hearing, Blumenthal also emphasized the need for Congressional action on the Major Richard Star Act—bipartisan legislation to deliver combat-injured veterans their full military benefits. Senate Republican leadership has blocked two attempts from Blumenthal in October and March to advance this overwhelmingly bipartisan bill, claiming our country cannot afford these benefits. Last week, Blumenthal pressed Senate Republicans for blocking the bipartisan Major Richard Star Act over its costs while pursuing partisan legislation that will deliver $140 billion to ICE and CBP with no reforms. Today, the Department of Defense also released information that the Iran war has already cost $25 billion.

The transcript and video link of Blumenthal’s remarks are available here.

Sen. Blumenthal: I just want to say, I'm hopeful that we will move forward on the Major Richard Star Act. I know that the Chairman is sympathetic. I believe we have an opportunity for a bipartisan step forward on an act that is about simple justice for combat-injured veterans, and I believe strongly that it is an overdue measure to give them justice. Mr. Barrans, quick question for you: The VA budget request estimates of a $21,000 increase in appeals received by the Board this fiscal year, and this increase is the direct result of the increased number of claims the VA has denied. The Appeals Modernization Act was Congress’s response to an appeals backlog that was created by VA's effort to reduce the claims backlog in the early 2010s. It seems, now, we are heading in the same direction. The budget request estimates an increase in the Board’s year-to-year pending appeals inventory for the first time since implementation of the AMA. My appeals legislation with Senator Cassidy intends to avoid another appeals backlog by addressing inefficiencies in the appeals process and unintended consequences of the AMA. Do you support this legislation? What reforms should Congress consider that would improve the timeliness and accuracy of Board decisions?

Mr. Barrans: Thank you for the question, Senator. We do support provisions of S. 3286. We have concerns regarding some of the provisions. We would be happy to work with the Committee on those. I would note that there are some provisions that we think are worth further discussion to gain potential efficiencies. I would note that with respect to section seven of the bill, for example, which refers to veterans law judges potentially issuing decisions during the course of the hearing, we had concerns with that and its operability. But I would note that in the budget submission, there was a legislative proposal that we think would accomplish many of the same efficiencies in a way that would be more operable for VA that would eliminate strict adherence to docket order as the rule governing our issuance of decisions. That would enable us, for example, if a veterans law judge during a hearing were to identify a claim is one that is easily decided, quickly decided, they would be able to write up that decision following the hearing quickly and issue it without regard to docket order. There are several other scenarios where relief from the strict docket order requirement would enable us to gain efficiencies, bearing in mind that under our proposal, deciding cases first will always be the default rule.

Sen. Blumenthal: Ms. Devlin, my Presumptive CLARITY Act requires the VA to publish information about conditions and cohorts it’s considering for the purpose of removing toxic exposure-related benefits. It also requires VA to educate veterans on how to participate in the PACT Act, which I found is desperately necessary, because not enough veterans are aware of it. Do you agree that the VA should provide transparent and proactive notification when it makes significant changes in presumptive benefits and notify more veterans about the PACT Act?

Ms. Devlin: Thank you, Senator, for the question. We agree that transparency is important and education and outreach is also important. We do continue to get a higher than anticipated number of claims for PACT Act, but we currently have obligations to provide that transparency under the PACT Act and VHA even has a directive on this.

Sen. Blumenthal: So why isn't it happening?

Ms. Devlin: We do, we publish through the Federal Register and we hold listening sessions that we inform veterans about so that we can actually hear from them as part of the study.

Sen. Blumenthal: Well with all due respect, I don't know too many veterans who read the Federal Register on a regular basis. Can’t more be done?

Ms. Devlin: It's a valid point, and so besides the Federal Register we also use our newsletter and our ability to get to all veterans even those unaffiliated with the VA through this information, and that’s how we tell them about the listening sessions and how to reach us.

Sen. Blumenthal: Well, I think there’s a need to do more…