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By Rick Maze - Staff writer If service members fall under the military's criminal code 24 hours a day, they should also have around-the-clock coverage for disabilities, the nation's largest veterans group argues. Testifying Friday before the Veterans Disability Benefits Committee, which is considering limits on veterans disability and health care, the American Legion argues it is "fundamentally unfair" to change standards. The commission, appointed by Congress, is looking at updating military and veterans' benefits. One of the proposed changes involves restricting benefits to cover health problems among veterans only if those problems have a direct connection to military duties. The commission is expected to make a recommendation by fall. "We find such a proposal detrimental to the national interest and patently absurd," said Steve Smithson, the American Legion's deputy director for claims services. If a service members is subject to the Uniform Code of Military Justice 24 hours a day, seven days a week, whether on or off a military base and whether performing official duties or taking personal time, then health care and disability coverage should be the same, Smithson said. Two related issues that would limit veterans' health and disability benefits are being discussed. One would try to separate on-duty and off-duty health problems, leaving the government fully responsible for any injury or illness related to military service, while providing limited or no coverage for off-duty health problems, such as a drunken service member having a motorcycle accident while on leave. The second issue involves trying to separate age-related health problems from service-connected health problems. Under the most restrictive proposal, death, disease or injury would have to be incurred during military operations or training to be covered by veterans' disability, health and death benefits, and could not be due to willful misconduct or the abuse of alcohol or illegal drugs. Not providing around-the-clock disability coverage would create a major hole in military and veterans' benefits, Smithson said. "The federal government does not provide service members with health insurance, long-term disability insurance, or workers' compensation benefits," Smithson said. "If VA disability compensation was unavailable for medical conditions that occur during or result from the period of military service, but not from performance of military duties, members would be forced to purchase private insurance to protect against financial hardship after they are discharged." Buying insurance, however, could be difficult. Private insurers would likely charge high premiums for coverage against disabilities for service members, Smithson said, and health insurance purchased after leaving the military might exclude coverage for pre-existing conditions. Smithson said deciding what is and is not a disability resulting from military duties also is a question ripe for problems because it is not always clear. "For example, would it be considered to be in the line of duty if a service member is paralyzed by a drunk driver while returning to her off-base home at 2:30 in the morning after reporting for an emergency recall drill?" he asked. "Would it be considered to be in the line of duty in a case where an individual is injured running or playing basketball, while on leave, in order to keep in shape to comply with military fitness standards?"
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