⚡NIMITZ NEWS FLASH⚡

“Legislative Hearing on: H.R. 530, ACES Act; H.R. 647, Ensuring Veterans’ Final Resting Place Act of 2025; H.R. 1039, Clear Communication for Veterans Claims Act; H.R. 1228, Prioritizing Veterans’ Survivors Act; H.R. 1286, Simplifying Forms for Veterans Claims Act; H.R. 1344, Dennis and Lois Krisfalusy Act; H.R. 2138, Veterans’ Compensation Cost-of-Living Adjustment Act of 2025; H.R. 2137, Review Every Veterans Claim Act of 2025; Discussion Draft, Veteran Appeals Transparency Act of 2025; H.R. 2201, Improving VA Training for Military Sexual Trauma Claims Act; Discussion Draft, Veterans Claims Education Act; Discussion Draft, Survivors Benefits Delivery Improvement Act of 2025; and Discussion Draft, Board of Veterans Appeals’ Attorney Retention and Backlog Reduction Act”

House Veterans Affairs Committee, Disability Assistance and Memorial Affairs Subcommittee Hearing

March 26, 2025 (recording here)

HEARING INFORMATION

Witnesses & Written Testimony (Panel One):

• The Honorable Keith Self: Member of Congress, Washington D.C.

• The Honorable Young Kim: Member of Congress, Washington D.C.

• The Honorable August Pfluger: Member of Congress, Washington D.C.

• The Honorable Rudy Yakym: Member of Congress, Washington D.C.

• The Honorable Tom Barrett: Member of Congress, Washington D.C.

• The Honorable Robert P. Bresnahan: Member of Congress, Washington D.C.

Witnesses & Written Testimony (linked) (Panel Two):

• Mrs. Patricia Krisfalusy-Maxon: Sister of Master Sergeant Dennis Krisfalusy, U.S. Air Force (Retired)

• Colonel Andrew Shurtleff (Ret.): U.S. Air Force (Retired)

• Ms. Diane Boyd Rauber: Executive Director, National Organization of Veterans' Advocates

• Ms. Lesley Witter: Senior Vice President, Advocacy, National Funeral Directors Association

Witnesses & Written Testimony (linked) (Panel Three):

• Ms. Kenesha Britton: Assistant Deputy Undersecretary, U.S. Department of Veterans Affairs, Veterans Benefits Administration

• Ms. Jocelyn Moses: Senior Principal Advisor, U.S. Department of Veterans Affairs, Veterans Benefits Administration

• Ms. Lisa Pozzebon: Executive Director, U.S. Department of Veterans Affairs, National Cemetery Administration

• Mr. Evan Deichert: Acting Deputy Vice Chairman, U.S. Department of Veterans Affairs, Board of Veterans’ Appeals

Keywords mentioned:

• Claims process, military sexual trauma (MST), VA Board of Veterans Appeals, transparency, survivors, cancer rates, training, backlog, claims education, cost of living adjustment (COLA), attorney retention, PACT Act

IN THEIR WORDS

OPENING STATEMENTS FROM THE SUBCOMMITTEE

• Chairman Morgan Luttrell explained that the Subcommittee would review 13 bills aimed at improving the VA claims and appeals process for veterans and their families. He described efforts to enhance burial access, increase transparency in VA decisions, and ensure fair compensation related to radiation exposure and military sexual trauma (MST). He then introduced two bills: the Review Every Veterans Claim Act (H.R. 2137), which would prevent automatic denials for missed disability exams, and the Veterans’ Compensation Cost-of-Living Adjustment Act of 2025 (H.R. 2138), which would provide veterans and survivors with a cost-of-living adjustment in line with Social Security.

• Ranking Member Morgan McGarvey praised the Subcommittee’s nonpartisan focus on veterans and expressed support for the Chairman’s bills. He discussed legislation to protect veterans from predatory “claim sharks,” improve the delivery of survivor benefits, and retain skilled attorneys at the Board of Veterans Appeals (BVA). He mentioned the unacceptable delays in the appeals process and advocated for better staffing and pay grades to address the backlog. The Ranking Member also advocated for stabilizing the VA workforce to ensure effective service delivery to veterans and their families.

SUMMARY OF KEY POINTS (PANEL ONE)

• Rep. Keith Self discussed the Veterans Appeals Transparency Act (H.R. 1741) which aimed to increase clarity around VA appeal timelines. He criticized the BVA for providing misleading average wait times and cited examples of veterans waiting over five years for decisions. He explained that his bill would require weekly updates on appeal progress to help veterans set realistic expectations. Rep. Self also highlighted that the bill would promote transparency without creating false hope for immediate resolutions.

• Rep. Young Kim introduced the Improving VA Training for Military Sexual Trauma Claims Act (H.R. 2201). She spoke on the need for better training among VA staff to recognize evidence of MST and to avoid retraumatizing survivors during the claims process. Her bill would mandate annual sensitivity and evidence training and require automatic record retrieval for MST-related claims. She stressed that the measure would streamline the claims process and better support survivors.

• Rep. August Pfluger spoke about the Aviator Cancers Examination Study (ACES) Act (H.R. 530), which would direct the VA to study cancer prevalence among military aviators. He cited alarming cancer rates among aircrew and explained that his bill would partner with the National Academies of Science to investigate service-connected causes. Rep. Pfluger shared the importance of targeted screening and care, asserting that the bill would fill gaps not covered by other studies. As a veteran and pilot, he called the bill a personal and moral imperative to support fellow aviators.

• Rep. Robert Bresnahan introduced the Simplifying Forms for Veterans Claims Act, aimed at making VA forms more accessible and easier to complete. He said that confusing and complex forms create additional burdens for grieving families and veterans. His bill would require an external research organization to evaluate and recommend improvements to VA forms. Rep. Bresnahan framed the bill as a bipartisan, common-sense step to streamline claims and reduce unnecessary stress on veterans and their survivors.

• Rep. Tom Barrett discussed the Clear Communication for Veterans Claims Act (H.R. 1039), which would simplify the VA's notice letters sent during the claims process. He described how legal jargon and lengthy automated letters confuse and discourage veterans from pursuing their claims. Rep. Barrett’s bill would mandate a third-party review to make these letters clearer and more user-friendly. He shared personal experiences with VA communications and expressed pride in introducing this as his first bill in Congress.

SUMMARY OF KEY POINTS (PANEL TWO)

• Mrs. Patricia Krisfalusy-Maxon testified in memory of her brother, Dennis Krisfalusy, a Vietnam veteran who died in the 1985 Mexico City earthquake alongside his wife, Lois. She shared heartfelt memories of his life, service, and love for his family, as well as the devastation their deaths brought to everyone who knew them. She described the emotional and bureaucratic challenges her family faced in trying to memorialize Dennis and Lois together and how current VA policy prevented Lois’s name from being included on his headstone. Mrs. Krisfalusy-Maxon asked the Committee to support the Dennis and Lois Krisfalusy Act (H.R. 1344) to honor spouses of veterans who died before 1998.

• Mr. Andrew Shurtleff recounted his distinguished 23-year Air Force career and how a stage 4 cancer diagnosis abruptly ended his service. He described the emotional and physical toll of his treatments and referenced the growing number of aviators suffering from similar illnesses. He expressed support for H.R. 530, which would study cancer prevalence among military aviators and identify service-related causes not addressed by the PACT Act. He urged the Committee to act now to protect aviators and ensure they receive proper care and recognition for their service-connected conditions.

• Ms. Diane Boyd Rauber voiced her support for several bills aimed at improving the VA claims and appeals process, particularly those that simplify forms and improve communications. She called for clearer VA forms and letters, citing frequent confusion among veterans and rejections due to technicalities. She supported legislation to prevent automatic denials for missed exams and to require better training for MST claims handling. Additionally, Ms. Rauber backed increased transparency in appeals timelines and retention incentives for attorneys at BVA, claiming that these reforms would create a more veteran-centered system.

• Ms. Lesley Witter testified on behalf of funeral directors, illustrating their essential role in honoring veterans and supporting grieving families. She supported the Ensuring Veterans' Final Resting Place Act (H.R. 647) to provide families flexibility when choosing burial benefits and H.R. 1344. She also endorsed the Prioritizing Veterans’ Survivors Act (H.R. 1228) to elevate the Office of Survivor Assistance back to the Secretary’s office, ensuring better coordination of survivor benefits. She urged swift passage of these bills to honor veterans with dignity and reduce burdens on their families.

• Ranking Member McGarvey asked how crucial it was for BVA attorneys to be skilled and knowledgeable. Ms. Rauber stated it was absolutely vital, as these attorneys are the first to review veterans’ claims, often involving thousands of pages of records. Ranking Member McGarvey then asked if limiting promotions at BVA hindered the retention of top talent. Ms. Rauber agreed and stated that allowing advancement for experienced attorneys helps retain valuable institutional knowledge and support new staff.

• The Ranking Member also asked about efforts to combat "claim sharks" and the importance of informing veterans of accredited options. Ms. Rauber said that providing veterans with clear information about accredited attorneys, agents, and veterans service organizations is essential to ensuring that they are not misled by unaccredited actors.

• Rep. Pfluger thanked Mr. Shurtleff and asked what difference H.R. 530 might have made in his journey. Mr. Shurtleff responded that many aviators, including himself, were healthy upon joining the military and later developed cancer, which made families question whether military aviation was still a safe path. He underscored the need to identify the causes of cancer to restore confidence and protect future aviators.

• Rep. Pfluger then asked what advice Mr. Shurtleff would offer the VA. Mr. Shurtleff urged timely action, pointing to the clear evidence of elevated cancer risks among aviators and the need for joint research. When asked anecdotally how many fellow aviators he knew with cancer, Mr. Shurtleff said he knew about a dozen personally, far more than among civilians in the same age group.

• Rep. Kelly Morrison asked about the importance of training VA and contract examiners to handle MST claims. Ms. Rauber said that it was critical to ensure MST survivors were not re-traumatized and that all staff involved should have proper sensitivity training.

• Rep. Morrison then asked Mr. Shurtleff how further research into cancer among aviators could help. Mr. Shurtleff replied that understanding what causes cancer in cockpits is essential, as no one had previously considered environmental risks within the aircraft itself. He argued that this understanding would allow the military to mitigate threats and better protect aircrew.

• Rep. Jack Bergman inquired about the importance of the VA obtaining complete service records in MST cases. Ms. Rauber explained that these records often contained critical markers used to decide claims. Rep. Bergman then asked about the need for improved MST training. Ms. Rauber noted that current training only occurred every five years and should be more frequent.

• When discussing accreditation, Rep. Bergman asked who should be responsible. Ms. Rauber clarified that the VA is responsible for accrediting representatives who assist veterans and must ensure the integrity of the process.

• Chairman Luttrell asked Mrs. Krisfalusy-Maxon to elaborate on her family’s experience regarding the 1998 cut-off date preventing her sister-in-law’s name from appearing on a VA headstone. Mrs. Krisfalusy-Maxon emotionally explained that because of this rule, she could not list “husband” on her brother’s stone, and it broke her heart that Lois could not be recognized. She expressed deep gratitude to those who helped her navigate the issue.

• Chairman Luttrell then turned to Mr. Shurtleff, asking how his cancer was discovered and whether it was through a routine exam. Mr. Shurtleff said that it was not routine—he had lower back pain and received an X-ray for another issue, where a sharp-eyed technician noticed something unusual. The Chairman followed up on ways to convince aviators to seek care despite the culture of avoiding medical visits. Mr. Shurtleff replied that the culture was already shifting with more health support available, but long-standing habits remain.

• Rep. Rudy Yakym discussed his bill, H.R. 647, which would allow veterans to be interred in national cemeteries even if families initially accepted an urn or plaque. He asked Ms. Witter if families struggled with this decision. Ms. Witter confirmed that grieving families often do not realize accepting an urn limits burial options later, calling it an unfair and emotionally stressful choice.

• Rep. Yakym then asked Ms. Rauber why H.R. 1039 was helpful. Ms. Rauber stated that creating a center of experienced individuals to review and improve VA communications would build on recent progress and should continue.

SUMMARY OF KEY POINTS (PANEL THREE)

• Ms. Kenesha Britton expressed the VA’s support for many of the bills under discussion, including full support for H.R. 530, H.R. 1344, H.R. 1039, and H.R. 2137. She stated that the VA supports the intent of several other bills with recommended amendments, particularly to avoid duplication and ensure proper alignment with current procedures and legal requirements. However, she noted the VA’s opposition to H.R. 1741 and the BVA attorney retention bill (H.R. 2303), citing administrative burdens, legal risks, and budget concerns.

• Ranking Member McGarvey asked the witnesses to confirm whether the VA planned to stop reimbursing board attorneys for bar dues. Mr. Evan Deichert said no final decision had been made but confirmed it was under consideration, citing budget constraints. The Ranking Member expressed concern that this and other actions—like halting promotions and enforcing return-to-office mandates—would harm morale and retention, ultimately impacting veterans. Mr. Deichert responded that attorney attrition had decreased in recent years, but Ranking Member McGarvey pushed back, saying even small losses were damaging. He urged the VA to support its workforce to better serve veterans.

• Rep. Self asked Mr. Deichert a series of yes-or-no questions about appeal timelines and transparency at the VA. Mr. Deichert confirmed that veterans wait an average of 1.5 years for decisions in the Appeals Modernization Act (AMA) direct review docket, despite VA communications stating a one-year goal. He also confirmed that decisions are supposed to be issued in docket order and acknowledged that some veterans had been waiting since 2019. Rep. Self called for greater transparency and linked his concerns to his support for H.R. 1741.

• Rep. Pfluger questioned VA officials about cancer coverage for aviators under the PACT Act. Ms. Jocelyn Moses explained that eligibility depended on the specific diagnosis and confirmed that not all conditions were covered automatically. Rep. Pfluger argued that peer-reviewed studies already showed strong correlations between aviator service and cancer rates, and he urged the VA to act urgently. Ms. Britton and Ms. Moses said that the VA supported H.R. 530 and wanted to ensure it was not limited to 11 specific conditions. They committed to briefing the VA Secretary and affirmed the department’s sense of urgency.

• Chairman Luttrell challenged the VA’s opposition to H.R. 1741 and asked how many appeals were pending. Mr. Deichert estimated around 197,000, based on recent data. He explained that publishing detailed docket information could lead to confusion and lawsuits, and he said the VA preferred sharing average wait times instead. Chairman Luttrell criticized this stance as overly cautious and urged the VA to help veterans by providing the detailed information they want, rather than defaulting to "no" out of legal risk aversion.

• The Chairman urged the VA to work toward solutions rather than rejecting proposals outright. He reminded everyone that veterans once volunteered to go into harm’s way and deserved clear, responsive service in return. Ranking Member McGarvey echoed this sentiment.

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