SGT. SHAFT: New law covers more care costs

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The Sarge got this follow-up letter to the case of Stephen Brady.

As readers know, the Department of Veterans Affairs declined to pay Mr. Brady's $100,000 emergency-room bill because his state-mandated auto insurance came with a small $10,000 medical benefit. VA ruled that this auto insurance meant Mr. Brady had medical insurance and was ineligible to have the VA cover non-service-related stays in non-VA hospitals.

Dear Sgt. Shaft:

The American Legion has been aware of a number of cases similar to Mr. Brady's in which VA, because of the limitations set forth in 38 U.S.C. 1725, as a result of the Millennium Health Care Act, has been prohibited from reimbursing private hospitals for emergency medical treatment of some veterans.

Legislation supported by the American Legion and enacted recently provides a partial remedy. PL 110-387, signed into law Oct. 10, authorizes payment to private facilities by VA for emergency treatment of certain service-connected conditions, non-service-connected disabilities associated with and held to be aggravating a service-connected disability, any disability of a veteran if the veteran has a total disability permanent in nature from a service-connected disability and in some other instances.

We're going to take a close look at the situation as it exists with this amendment and see what, if any, additional legislative remedy may be needed.

As for Mr. Brady's appeal, it may be helpful for him to contact his accredited representative, if he has appointed one, to check the status of his claim. That at least should give him a general idea of when the case may be decided.

Sgt. Shaft, thanks for your continued efforts to provide assistance to veterans and their families.

John F. Sommer

Executive director