AB 75: Veterans.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-04-23
Existing law, the Budget Act of 2014, appropriates $3,000,000 to the Department of Veterans Affairs for the purpose of assisting the United States Department of Veterans Affairs in processing veterans claims.
This bill would continuously appropriate $3,000,000 from the General Fund each fiscal year to the Department of Veterans Affairs for the purpose of funding those Veteran 36 Veterans Claims Representative positions.
Existing law, the Budget Act of 2014, appropriates $3,000,000 to the Department of Veterans Affairs for the purpose of assisting the United States Department of Veterans Affairs in processing veterans claims.
This bill would extend the authorization to encumber or expend that $3,000,000 until June 30, 2020. By extending the Department of Veterans Affairs authority to expend funds, the bill would make an appropriation appropriate $3,000,000 to the Department of Veterans Affairs for the purpose of funding those Veteran Claims Representative positions.
Existing law, the Budget Act of 2014, appropriates $3,000,000 to the Department of Veterans Affairs for the purpose of assisting the United States Department of Veterans Affairs in processing veterans claims.
This bill would extend the authorization to encumber or expend that $3,000,000 until June 30, 2020. By extending the Department of Veterans Affairs authority to expend funds, the bill would make an appropriation.
Existing law authorizes the California Veterans Educational Institute, which is under the management and control of the Department of Veterans Affairs, to provide opportunities for veterans to continue their education. Existing law authorizes the Department of Veterans Affairs to work with authorized agencies of the United States in providing those opportunities.
This bill would make technical, nonsubstantive changes to this provision.
Existing law authorizes the California Veterans Educational Institute, which is under the management and control of the Department of Veterans Affairs, to provide opportunities for veterans to continue their education. Existing law authorizes the Department of Veterans Affairs to work with authorized agencies of the United States in providing those opportunities.
This bill would make technical, nonsubstantive changes to this provision.
The Legislature finds and declares:
(a)The Department of Veterans Affairs (CalVet) works to serve California veterans and their families. With nearly two million veterans living in the state, CalVet strives to ensure that its veterans of every era and their families receive the state and federal benefits and services they have earned and deserve as a result of their selfless and honorable military service. CalVet strives to serve veterans and their families with dignity and compassion and to help them achieve their highest quality of life.
(b)In 2013, the Legislature and Governor Jerry Brown authorized $3 million and 36 limited-term positions that allowed CalVet to coordinate with the United States Department of Veterans Affairs (VA) to assist in reducing its massive veterans claims backlog in the three California VA Regional Offices.
(c)The funds appropriated were used to hire three teams of 12 Veterans Claims Representatives (VCR), one team for each of the VAs regional offices in the Cities of Los Angeles, Oakland, and San Diego to focus on backlogged claims, ensuring they are properly developed and have all necessary documentation needed for adjudication.
(d)At the time the CalVet Strike Teams were initially deployed in the Fall of 2013, the national average wait time for benefits from the federal government was 349.6 days. This meant the average veteran waited nearly a year before receiving benefits that they had earned through their honorable military service. The average wait times in the Cities of Los Angeles and Oakland were significantly worse than the national average, at 619.4 days and 617.8 days, respectively.
(e)As of January 29, 2015, CalVet Strike Team claims review efforts in the Cities of Los Angeles, Oakland, and San Diego Diego, including reviewing 44,921 claims, resulting have resulted in one-time lump sum payments to California veterans totaling $45,603,451, and monthly award payments totaling $5,878,940, which result in annualized award payments of $70,547,276 going to California veterans every year for the rest of their lives.
(f)While the Strike Teams have done remarkable work, the mission is still not complete as the VA is still not on pace to fully eliminate its claims backlog by the end of next year, a goal long promised by the VA officials.
(g)Whereas the Strike Teams have addressed the initial claims backlog for the VAs three regional offices in California, the appeals of claims decisions and the dependent claims have been pushed back and will remain unresolved for many months, if not years, should the Strike Team positions are not further funded.
(h)It is the intent of the Legislature to provide the CalVet with the requisite staff to review and ensure quality, timeliness, and accuracy of claims filed on behalf of the veterans of California and their families.
(i)California veterans have served their country and their communities with honor and distinction, and deserve the benefits that have been promised to them.
SEC. 2.The sum of three million dollars ($3,000,000) is hereby appropriated to the Department of Veterans Affairs for the purpose of permanently funding 36 full-time equivalent Veterans Claims Representative positions in the Department of Veterans Affairs Veteran Services Division. These 36 Veterans Claims Representatives shall have oversight by the California Department of Veterans Affairs, and ensure the quality and timeliness of claims filed through the federal Department of Veterans Affairs on behalf of California veterans and their families.
SEC. 2.Notwithstanding Section 13340 of the Government Code, the sum of three million dollars ($3,000,000) is hereby continuously appropriated, without regard to fiscal years, from the General Fund each fiscal year to the Department of Veterans Affairs, exclusively for the purpose of funding 36 full-time equivalent Veterans Claims Representative positions in the Department of Veterans Affairs Veteran Services Division. These 36 Veterans Claims representatives shall have oversight by the California Department of Veterans Affairs, and ensure the quality and timeliness of claims filed through the federal Department of Veterans Affairs on behalf of California veterans and their families.
The Legislature finds and declares:
(a)The Department of Veterans Affairs (CalVet) works to serve California veterans and their families. With nearly two million veterans living in the state, CalVet strives to ensure that its veterans of every era and their families receive the state and federal benefits and services they have earned and deserve as a result of their selfless and honorable military service. CalVet strives to serve veterans and their families with dignity and compassion and to help them achieve their highest quality of life.
(b)In 2013, the Legislature and Governor Jerry Brown introduced a budget that authorized $3 million and 36 limited-term positions that allowed CalVet to coordinate with the United States Department of Veterans Affairs (VA) to assist in reducing its massive veterans claims backlog. backlog in the three California VA Regional Offices.
(c)The funds appropriated were used to hire a Strike Force team three teams of 12 Veterans Claims Representatives (VCR) (VCR), one team for each of the VAs regional offices in the Cities of Los Angeles, Oakland, and San Diego to focus on backlogged claims, ensuring they are properly developed and have all necessary documentation needed for adjudication.
(d)At the time the CalVet Strike Teams were initially deployed in the Fall of 2013, the national average wait time for benefits from the federal government was 349.6 days. This meant the average veteran waited nearly a year before receiving benefits that are considered a right. they had earned through their honorable military service. The average wait times in the Cities of Los Angeles and Oakland were significantly worse than the national average, at 619.4 days and 617.8 days, respectively.
(e)As of January 29, 2015, CalVet Strike Team claims review efforts in the Cities of Los Angeles, Oakland, and San Diego have reviewed including reviewing 44,921 claims, resulting in one-time lump sum payments to California veterans totaling $45,603,451, monthly award payments totaling $5,878,940, and an annual monthly awards payment total which result in annualized award payments of $70,547,276 going to California veterans every year for the rest of their lives.
(f)While the Strike Teams have done remarkable work, the mission is still not complete as the VA is still not on pace to fully eliminate their its claims backlog by the end of next year, a goal long promised by department the VA officials.
(g)Whereas the Strike Teams have addressed the initial claims backlog for the VAs three regional offices in California, the appeals of claims decisions and the dependent claims have been pushed back and will remain unresolved for many months, if not years, should the Strike Team positions are not further funded.
(h)It is the intent of the Legislature to provide the CalVet with the requisite staff to review and ensure quality, timeliness, and accuracy of claims filed on behalf of the veterans of California and their families.
(g)
(i)California veterans have served their country and their communities with honor and distinction, and deserve the benefits that have been promised to them.
SEC. 2.Three million dollars ($3,000,000) of the amount appropriated in Item 8955-001-0001 of Section 2.0 of the Budget Act of 2014 (Chapter 25 of the Statutes of 2014), as referenced in Provision 5 of that item, shall be available for encumbrance or expenditure until June 30, 2020, after which it shall revert to the General Fund.
SEC. 2.The sum of three million dollars ($3,000,000) is hereby appropriated to the Department of Veterans Affairs for the purpose of permanently funding 36 full-time equivalent Veterans Claims Representative positions in the Department of Veterans Affairs Veteran Services Division. These 36 Veterans Claims Representatives shall have oversight by the California Department of Veterans Affairs, and ensure the quality and timeliness of claims filed through the federal Department of Veterans Affairs on behalf of California veterans and their families.
The Legislature finds and declares:
(a)The Department of Veterans Affairs (CalVet) works to serve California veterans and their families. With nearly two million veterans living in the state, CalVet strives to ensure that its veterans of every era and their families receive the state and federal benefits and services they have earned and deserve as a result of their selfless and honorable military service. CalVet strives to serve veterans and their families with dignity and compassion and to help them achieve their highest quality of life.
(b)In 2013, Governor Jerry Brown introduced a budget that authorized $3 million and 36 limited-term positions that allowed CalVet to coordinate with the United States Department of Veterans Affairs (VA) to assist in reducing its massive veterans claims backlog.
(c)The funds appropriated were used to hire a Strike Force team of 12 Veterans Claims Representatives (VCR) for each of the VAs regional offices in the Cities of Los Angeles, Oakland, and San Diego to focus on backlogged claims, ensuring they are properly developed and have all necessary documentation needed for adjudication.
(d)At the time the CalVet Strike Teams were initially deployed in the Fall of 2013, the national average wait time for benefits from the federal government was 349.6 days. This meant the average veteran waited nearly a year before receiving benefits that are considered a right. The average wait times in the Cities of Los Angeles and Oakland were significantly worse than the national average, at 619.4 days and 617.8 days, respectively.
(e)As of January 29, 2015, CalVet Strike Team claims review efforts in the Cities of Los Angeles, Oakland, and San Diego have reviewed 44,921 claims, resulting in lump sum payments to California veterans totaling $45,603,451, monthly award payments totaling $5,878,940, and an annual monthly awards payment total of $70,547,276 going to California veterans every year for the rest of their lives.
(f)While the Strike Teams have done remarkable work, the mission is still not complete as the VA is still not on pace to fully eliminate their claims backlog by the end of next year, a goal long promised by department officials.
(g)California veterans have served their country and their communities with honor and distinction, and deserve the benefits that have been promised to them.
SEC. 2.Three million dollars ($3,000,000) of the amount appropriated in Item 8955-001-0001 of Section 2.0 of the Budget Act of 2014 (Chapter 25 of the Statutes of 2014), as referenced in Provision 5 of that item, shall be available for encumbrance or expenditure until June 30, 2020, after which it shall revert to the General Fund.
SECTION 1.Section 981.5 of the Military and Veterans Code is amended to read:981.5.The department may cooperate and confer with authorized agencies of the United States in implementing this article.
The department may co-operate cooperate and confer with authorized agencies of the United States in carrying out the provisions of implementing this article.
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Date
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Status
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| Jan 5, 2015 | Read first time. To print. |
| Jan 6, 2015 | From printer. May be heard in committee February 5. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on V.A. Read second time and amended. |
| Mar 26, 2015 | Referred to Com. on V.A. |
| Apr 6, 2015 | Re-referred to Com. on V.A. |
| Apr 13, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on V.A. Read second time and amended. |
| Apr 14, 2015 | Re-referred to Com. on V.A. |
| Apr 23, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on V.A. Read second time and amended. |
| Apr 27, 2015 | Re-referred to Com. on V.A. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 28). Re-referred to Com. on APPR. |
| May 6, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 28, 2015 | In committee: Held under submission. |
| Jan 31, 2016 | Died pursuant to Article IV, Sec. 10(c) of the Constitution. |
| Feb 1, 2016 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
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Date
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Description
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Location
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Votes
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| Apr 28, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Veterans Affairs |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California Disabled Veteran Business Alliance | * Support | Apr 28, 2015 |
| Disabled Veteran Business Alliance | ** Support | Apr 28, 2015 |
| Pete Conaty and Associates | * Indeterminate | Apr 28, 2015 |
AB 75
Page 2
Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 75
(Mathis) – As Amended April 23, 2015
Policy Committee: |
Veterans Affairs |
Vote: |
8-0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill continuously appropriates $3 million General Fund (GF), each fiscal year, to the Department of Veterans Affairs (CalVet) for the purpose of funding 36 Veteran Claims Representative positions to ensure the quality and timeliness of claims filed through the United States Department of Veterans Affairs (USDVA) on behalf of California veterans and their families.
FISCAL EFFECT:
This bill makes an annual $3 million GF continuous appropriation to CalVet, without regard to fiscal year. The Budget Act of 2014 appropriates $3 million to CalVet for the purpose of assisting the USDVA in processing veterans’ claims.
Continuous appropriations, particularly from the General Fund, have been contrary to the general policy of this committee.
COMMENTS:
Purpose/Background. In 2013, the state budget authorized $3 million and 36 limited-term positions that allowed CalVet to coordinate with the federal VA to assist in reducing its massive veterans’ claims backlog. The funds appropriated were used to hire a “Strike Force” team of 12 Veterans Claims Representatives (VCR) for each of VA’s regional offices in San Diego, Los Angeles and Oakland to focus on backlogged claims, ensuring they are properly developed and have all necessary documentation needed for adjudication.
At the time the Strike Teams were initially deployed in the Fall of 2013, the national average wait-time for benefits from the federal government was 349.6 days, meaning the average veteran waited nearly a year before receiving benefits that are considered a right. The average wait times in Los Angeles and Oakland were significantly worse than the national average, at 619.4 days and 617.8 days, respectively.
CalVet issues monthly Joint Claims Initiative Reports (Report). The Reports include status updates on the work of the Strike Teams. The March 26, 2015 Report confirms the success of the Strike Teams, which is noted by the author. The Report states that the Strike Teams will continue to be needed for an extended time.
Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081
AB 75
Page 3
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Jacqui Irwin, Chair
AB 75
(Mathis) – As Amended April 13, 2015
SUBJECT: Veterans
SUMMARY: Appropriates $3,000,000 to the Department of Veterans Affairs (CalVet) for the purpose of funding certain Veteran Claims Representative positions. Specifically, this bill:
Continuously appropriates the sum of three million dollars ($3,000,000) to CalVet for the purpose of permanently funding 36 full-time equivalent Veterans Claims Representative positions in the CalVet Veteran Services Division.
Directs that these 36 Veterans Claims Representatives shall have oversight by CalVet, and ensure the quality and timeliness of claims filed through the United States Department of Veterans Affairs (USDVA) on behalf of California veterans and their families.
EXISTING LAW: The Budget Act of 2014, appropriates $3,000,000 to CalVet for the purpose of assisting the USDVA in processing veterans’ claims.
FISCAL EFFECT: Unknown, although this bill does make an appropriation of $3,000,000.
COMMENTS: According to the Author:
[CalVet] works to serve California veterans and their families. With nearly 2 million veterans living in the State, CalVet strives to ensure that its veterans of every era and their families get the state and federal benefits and services they have earned and deserve as a result of selfless and honorable military service. CalVet strives to serve veterans and their families with dignity and compassion and to help them achieve their highest quality of life
In 2013, California Governor Jerry Brown's budget authorized $3 million and 36 limited-term positions that allowed CalVet to coordinate with the federal VA to assist in reducing its massive veterans’ claims backlog.
The funds appropriated were used to hire a “Strike Force” team of 12 Veterans Claims Representatives (VCR) for each of VA’s regional offices in San Diego, Los Angeles and Oakland to focus on backlogged claims, ensuring they are properly developed and have all necessary documentation needed for adjudication.
At the time the Strike Teams were initially deployed in the Fall of 2013, the national average wait-time for benefits from the federal government was 349.6 days. Meaning the average veteran waited nearly a year before receiving benefits that are considered a right. The average wait times in Los Angeles and Oakland were significantly worse than the national average, at 619.4 days and 617.8 days, respectively.
As of January 29, 2015, CalVet Strike Team claims review efforts in San Diego, Los Angeles, and Oakland have reviewed 44,921 claims, resulting in lump sum payments to California veterans totaling $45,603,451, monthly award payments totally $5,878,940, and an annualized monthly awards payment total of $70,547,276 going to California veterans every year for the rest of their lives.
While the Strike Teams have done remarkable work, the mission is not complete as the federal VA is still not on pace to fully eliminate their claims backlog by the end of next year, a goal long promised by department officials.
California veterans have served their country and their communities with honor and distinction, and deserve the benefits which have been promised to them.
CalVet issues monthly Joint Claims Initiative Reports (Report). The Reports include status updates on the work of the Strike Teams. The March 26, 2015 Report confirms the success of the Strike Teams which is noted by the author. The Report states that the Strike Teams will continue to be needed for an extended time:
The USDVA’s claims inventory continues to grow on an annual basis: In 2013, the USDVA surpassed 1M claims filed for the first time in history. In 2014, they surpassed 1.3M, and in 2015 they are expected to exceed previous record again. Keep in mind claims are much more complicated and time consuming to adjudicate than they were as recent as 2010; therefore, County Veterans Service Office Veteran Service Representatives who submit claims must be more astute in the development. Oversight by CalVet must also be more prudent to ensure claims, which are now averaging 12-15 issues per claim opposed to 4-7 just a few years ago.
If, as noted, it is too early to declare "mission accomplished," then the original rationale for funding the Strike teams still applies and a further round of funding is merited.
Furthermore, the Strike Team positions are limited in term, and the end of that term is approaching. It is only natural that staff in these positions might begin to look elsewhere. This situation poses a problem for the continued success of the Strike Teams. In fact, CalVet says:
CalVet currently faces significant challenges with retaining the highly skilled and trained staff because of the limited term status of the 36 positions.
…
Attrition is a significant challenge and issue with the current 3-year program. Although the program is approved through June 30, 2016, the well-trained and highly skilled staff are now seeking permanent employment with the USDVA and other VSOs because their employment with the State will end in June 2016. Starting in October 2014 and continuing into 2015, CalVet has lost eight Veterans Claims Representatives on the Strike Teams, which they have been unable to replace. Moving into the third year of this current program, recruiting qualified personnel for a less-than-one-year limited term position will pose an even larger task.
Another round of funding should reduce, but not eliminate, further attrition due to the limited term of the program by pushing the program horizon date out farther.
Policy question for members: Should the Legislature consider a longer term funding solution for these positions?
Periodic limited-term funding for the Veterans Claims Representatives retains maximum control in the Legislature and builds-in an automatic mechanism to reevaluate the necessity for the expenditure.
However, it also means that the program is always temporary. Being temporary creates uncertainty, the staffing issues noted above, and a lack of ability to make long term plans, etc. Given that California has more veterans than any other state, there is still a huge volume of claims, and that these Claims Representatives have received absolutely unique training and experience working within the USDVA offices, should the Legislature consider a longer term funding solution for these positions?
REGISTERED SUPPORT / OPPOSITION:
Support
Disabled Veteran Business Alliance
Opposition
None on file.
Analysis Prepared by: John Spangler / V.A. / (916) 319-3550
Discussed in Hearing
3MIN
Assembly Standing Committee on Appropriations
7MIN
Assembly Standing Committee on Veterans Affairs
Bill Author
Bill Co-Author(s):
