American Legion leader decries VA Secretary's 'Administrative' decision to raise prescription co-payments, sidestepping will of the people

WASHINGTON, Nov. 17 /U.S. Newswire/ -- Using a regulation that has gone unused since it was written in 2001, the Secretary of the Department of Veterans Affairs is taking steps to raise the co-payments of millions of veterans who receive prescription drugs from VA outpatient pharmacies.

"Trying to balance the budget on the backs of veterans, particularly in light of the fact that Congress, on both sides of the aisle, has consistently turned down these increases in the budget, pronouncing them dead on arrival is a slap in the face to all veterans," said Thomas L. Bock, national commander of The American Legion. "The American people have said no and the veterans of this nation have said no each time. I assure the Secretary that this back-door attempt to circumvent the bipartisan support of those who served our nation with honor will be strongly opposed by The American Legion."

After three unsuccessful attempts to double co-payments by legislative proposal within the annual President's Budget Request for the Department of Veterans Affairs, this action would transfer rising drug costs directly to veterans a dollar a month per prescription until a doubling is achieved. Not only will all veterans receiving medications for non-service conditions (except Priority Group 1 - 50 percent disabled and higher) see their prescription drug co-payments rise by $1, but their annual out- of-pocket expenses cap will rise to $960 from $840 per year, up $120 from the previous level. If not reversed, The American Legion believes this increase will become an annual affair.

"To understand the impact of this decision, let me tell you what one Legionnaire told me just recently," Bock said. "He said, 'I take 12 medications. A cost increase in prescriptions will force me to make some very important decisions -- a choice between food, shelter, clothing or eliminating one of these prescriptions. I am on Social Security, fought in Korea. I have no pension but raised a family and did all the right things. Why would they do this to me at this point in my life?'"

A VA statement said the increase is "required by law" when it is in fact totally within the discretion of the Secretary of Veterans Affairs under Title 38 USC.

"We find it disingenuous that VA would hold that it is 'required by federal law' to increase co-payments when, in fact, the only thing it is required to do is write regulations as to the mechanics of how to raise them," Bock said. "We strongly urge Secretary Nicholson to reconsider this 'administrative' action particularly when it has repeatedly failed with Congress. Our veterans deserve better."

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Founded in 1919, the 2.7 million-member American Legion is the nation's preeminent service organization for veterans of the U.S. armed forces, including active duty, National Guard and Reserves, and their families. A powerful voice for veterans in Washington, The American Legion drafted the original GI Bill and was instrumental in establishing the agency that today is the federal Department of Veterans Affairs.