Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans (2019)

Chapter: Appendix C: Timeline of Disability and Veterans Compensation Policy

Previous Chapter: Appendix B: Definitions of Traumatic Brain Injury
Suggested Citation: "Appendix C: Timeline of Disability and Veterans Compensation Policy." National Academies of Sciences, Engineering, and Medicine. 2019. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans. Washington, DC: The National Academies Press. doi: 10.17226/25317.

C

Timeline of Disability and Veterans Compensation Policy

1636To encourage service in the Pequot War, the Plymouth colony provides for the maintenance of disabled soldiers; the first veterans’ benefits in an English-speaking colony.
1776The Continental Congress promises pensions to officers and soldiers disabled in the course of service; land grants ranging from 100 to 1,100 acres based on rank were considered part of the contract of enlistment.
1778The Continental Congress promises half-pay for 7 years to officers who serve until the end of the war.
1780The Continental Congress promises half-pay for life to officers and for 7 years to the widows and orphans of officers who die in service; this is the first national provision for widows and orphans.
1783Washington addresses his officers at Newburgh, New York, counseling patience in pursuing demands for past pay and pensions; the Commutation Act is passed; the Society of Cincinnati, the nation’s first veterans’ organization, is founded.
1808Control of military pensions transferred from the states to the federal government.
1818Service Pension Law passed; means-based; disability not a requirement.
1828Full pay for life is granted to surviving officers, noncommissioned officers, and soldiers who had served until the end of the war.
1862General Law Pension System implemented; Arrears Act passed.
1865National Home for Disabled Volunteer Soldiers established (not just a single facility—various branches were constructed nationwide); veterans’ preference for civil service legally established.
1866The Grand Army of the Republic formed.
1879The Arrears of Pension Act passed.
1885Act of March 3, presumption of soundness at time of enlistment for all pension applicants, although soundness could be rebutted.
Suggested Citation: "Appendix C: Timeline of Disability and Veterans Compensation Policy." National Academies of Sciences, Engineering, and Medicine. 2019. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans. Washington, DC: The National Academies Press. doi: 10.17226/25317.
1890Dependent Pension Act is passed.
1913The Veterans of Foreign Wars is formed from the merger of smaller organizations of veterans of the Spanish–American War and the Philippine Insurrection.
1917War Risk Insurance Act authorizes the issuance of life insurance policies to members of the armed services; a standard schedule for rating service-connected disabilities is created based on average impairment.
1918A vocational rehabilitation program is established for veterans.
1919American Legion founded in Paris by American Expeditionary Force members.
1920Disabled American Veterans formed.
1921The Veterans Bureau is established to consolidate veterans’ services into one agency.
1924Pre-service occupation is considered in the determination of disability rating.
1930Creation of the Veterans Administration.
1933Repeal of the pre-service consideration in rating determination; valuation of ratings correlated with the consumer price index.
1936Congress passes legislation (over President Roosevelt’s veto) providing for immediate payment of the World War I bonus.
1937The category “totally disabled” is established for veterans with certain disabilities.
1938Service members injured in the line of duty are guaranteed disability benefits in light of a potential draft.
1939Rating schedule is revised.
1940sPresident Roosevelt signs the Servicemen’s Readjustment Act of 1944, commonly known as the G.I. Bill of Rights (Public Law 346); it provides home loans, education assistance, and other readjustment services to veterans.
Rehabilitation efforts for brain injury also grew out of treatment of war injuries during World War II with the efforts of Dr. Howard Kessler, a strong advocate of rehabilitation of veterans, and Dr. Howard Rusk, an Air Force colonel who demonstrated the effectiveness of physical medicine with injured pilots.
Howard Rusk and Omar Bradley work to reorganize the Veterans Administration. Rusk and Frank Krusen work to develop the Department of Veterans Affairs (VA) rehabilitation.
1952American Psychiatric Association publishes the first edition of the Diagnostic and Statistical Manual for Mental Disorders (DSM-I); the volume includes an entry for the combat-related disorder “gross stress reaction.”
Suggested Citation: "Appendix C: Timeline of Disability and Veterans Compensation Policy." National Academies of Sciences, Engineering, and Medicine. 2019. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans. Washington, DC: The National Academies Press. doi: 10.17226/25317.
1956Report of the President’s Commission on Veterans’ Benefits released.
1956Social Security Disability Insurance is established to cover disability-related “involuntary retirement.”
1957Veterans Benefits Act of 1957.
1958All laws concerning veterans’ benefits updated.
1973The United States institutes an all-volunteer armed forces; veteran’s benefits become an important incentive for recruitment.
1989The cabinet-level VA is established.
1990–2000sA period of cost reduction, accountability, managed care, and the closing or merging of many programs in traumatic brain injury (TBI) rehabilitation, as well as a period of growth of research and push to develop evidence-based practice guidelines for treatment and rehabilitation. The large number of injuries associated with the wars in Iraq and Afghanistan after 2001 has been a catalyst to expand efforts in research, prevention, assessment, and treatment in rehabilitation of persons with TBI in military and civilian settings.
2008DSM-5 TBI and its neuropsychiatric sequelae are considered in detail. Criteria for diagnosing an injury event as TBI and attributing neurocognitive problems to it are offered.
2010Veterans’ Benefits Act of 2010. Authorizes special monthly compensation for veterans with TBI who are in need of aid and attendance. Final rule effective June 7, 2018.
2016December 21, 2016. Rule published in the Federal Register to add special monthly compensation for veterans with residuals of TBI.
2018December 8, 2017, Rule published effective January 8, 2018, to amend VA’s adjudication regulation pertaining to extra-schedular consideration of a service-connected disability in exceptional compensation cases. This rule clarifies that an extra-schedular evaluation is to be applied to an individual service-connected disability when the disability is so exceptional or unusual that it makes application of the regular rating schedule impractical.

REFERENCES

Adler, J. 2013. Paying the price of war: United States soldiers, veterans, and health policy, 1917–1924, New York: Columbia University.

IOM (Institute of Medicine). 2007. PTSD compensation and military service. Washington, DC: The National Academies Press.

SpringBoard. 2015. The history of traumatic brain injury treatment. https://www.springerpub.com/w/nursing/blog-the-history-of-traumatic-brain-injury-treatment (accessed February 2, 2019).

Suggested Citation: "Appendix C: Timeline of Disability and Veterans Compensation Policy." National Academies of Sciences, Engineering, and Medicine. 2019. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans. Washington, DC: The National Academies Press. doi: 10.17226/25317.

VA (Department of Veterans Affairs). 2018. Title 38, part 3, adjudication, supplement 116. https://www.benefits.va.gov/WARMS/docs/regs/38cfr/bookb/B116.pdf (accessed February 2, 2019).

Suggested Citation: "Appendix C: Timeline of Disability and Veterans Compensation Policy." National Academies of Sciences, Engineering, and Medicine. 2019. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans. Washington, DC: The National Academies Press. doi: 10.17226/25317.
Page 115
Suggested Citation: "Appendix C: Timeline of Disability and Veterans Compensation Policy." National Academies of Sciences, Engineering, and Medicine. 2019. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans. Washington, DC: The National Academies Press. doi: 10.17226/25317.
Page 116
Suggested Citation: "Appendix C: Timeline of Disability and Veterans Compensation Policy." National Academies of Sciences, Engineering, and Medicine. 2019. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans. Washington, DC: The National Academies Press. doi: 10.17226/25317.
Page 117
Suggested Citation: "Appendix C: Timeline of Disability and Veterans Compensation Policy." National Academies of Sciences, Engineering, and Medicine. 2019. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans. Washington, DC: The National Academies Press. doi: 10.17226/25317.
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Next Chapter: Appendix D: DBQ Initial Evaluation of Residuals of Traumatic Brain Injury (I-TBI) Disability
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