WASHINGTON – Today, the U.S. Senate passed U.S. Senator Tommy Tuberville (R-AL) and U.S. Senator John Boozman’s (R-AR) Veteran Fraud Reimbursement Act to simplify the legal process for veterans who have been defrauded of their benefits. The legislation allows the Veterans Benefits Administration (VBA) to reimburse victims of fraud without forcing them to jump through unnecessary, bureaucratic hoops. Passage of this legislation builds on Senator Tuberville’s efforts to make targeted changes on behalf of veterans, including with his Supporting Families of the Fallen Act and legislation to streamline post-9/11 GI Bill benefits that have been signed into law.
“We’d like to believe we live in a country where no one would take advantage of our veterans, but sadly it does happen,” said Senator Tuberville. “This bill attempts to help right that wrong by ensuring veterans with disabilities are made financially whole if they are defrauded of their benefits. It’s my priority to find ways to make the government work better for our veterans, and this bill is a small step toward doing just that. I’m glad to see the Senate pass the Veteran Fraud Reimbursement Act, and hope that the President will act quickly to sign this critical bill for our veterans into law.”
BACKGROUND:
In January 2021, Congress enacted the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act. The bill included a provision meant to improve the VBA fiduciary program, which helps deliver benefits to veterans who cannot otherwise manage their finances. Unfortunately, one unintended consequence of the provision is that all cases of benefits misuse now require what is known as an internal negligence determination by VBA before a veteran who is a victim of fraud can be made financially whole.
In a July 21, 2021 report, the VA Office of the Inspector General (OIG) highlighted the significant wait times defrauded veterans in the VA fiduciary program face due to the universal negligence determination requirement. Some veterans even died before seeing their reimbursements. The Veteran Fraud Reimbursement Act will right this wrong by allowing the VBA to conduct a statistically valid analysis of the misuse cases to determine the rate and nature of negligence on the part of the VBA. The negligence determination would ultimately become a part of a quality assurance measure conducted after the affected veteran had been reimbursed.
The full text of the legislation is available here.
Senator Tommy Tuberville represents Alabama in the United States Senate and is a member of the Senate Armed Services, Agriculture, Veterans’ Affairs, HELP and Aging Committees.
