Senate Engrossed

State of Arizona Senate Fifty-second Legislature First Regular Session 2015

SENATE CONCURRENT MEMORIAL 1008

 

A CONCURRENT MEMORIAL

 

urging the United States Department of Veterans Affairs to review the disability rating process.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

To the Secretary of the United States Department of Veterans Affairs:

Your memorialist respectfully represents:

Whereas, military veterans with similar disabilities are receiving disparate disability ratings because of different standards, policies and procedures used by the physical evaluation boards operated by the military departments; and

Whereas, achieving consistent disability ratings regardless of service is an important objective that will ensure service members are treated equitably; and

Whereas, disability significantly increases the veteran poverty rate; the rate of increase is nearly twice that of the nonveteran disabled population; and

Whereas, even those veterans who receive Social Security Disability or Supplemental Security Income benefits have incomes under $9,000 per year; and

Whereas, 60% of hiring organizations polled in a June 2010 Society for Human Resource Management survey said that translating military skills to a civilian job experience could pose a challenge in hiring veterans and 46% said the same about hiring those who suffer from posttraumatic stress disorder and other mental health issues; and

Whereas, while service members are often promised saleable skills and job opportunities they would not have access to otherwise, the reality is that veterans often feel discriminated against and overlooked in the workplace; and

Whereas, veterans who are granted a Total Disability Rating Based on Individual Unemployability are subject to earning restrictions.

Wherefore your memorialist, the Senate of the State of Arizona, the House of Representatives concurring, prays:

1.  That the United States Department of Veterans Affairs review the disability rating process to ensure that similar disabilities are rated similarly.

2.  That the United States Department of Veterans Affairs review the limitations on employment of veterans with disabilities and the ways in which veteran benefits are impacted if a veteran with a disability becomes employed to ensure that veterans with disabilities are not hindered from joining the workforce.

3.  That the United States Department of Veterans Affairs remove the earning restriction associated with the Total Disability Rating Based on Individual Unemployability.

4.  That the United States Department of Veterans Affairs develop programs and incentives to encourage employers to hire veterans with disabilities.

5.  That the United States Congress enact legislation that codifies into the United States Code the text of 38 Code of Federal Regulations section 4.16, which provides that employment in a protected environment is not considered substantially gainful employment for the purposes of a Total Disability Rating Based on Individual Unemployability.

6.  That the United States Congress define "protected environment" to include businesses that make special accommodations for veterans with disabilities.

7.  That the United States Congress enact legislation that prevents the United States Department of Veterans Affairs from decreasing a Total Disability Rating Based on Individual Unemployability if the veteran is marginally employed in a protected environment.

8.  That the Secretary of State of the State of Arizona transmit a copy of this Memorial to the Secretary of the United States Department of Veterans Affairs, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.