Category Archives: Federal Law

$2.44 Billion Reclaimed: Inside the VA Recoupment Fight

Two women exchange cash and a check at an office desk

Under a law dating to the 1940s, veterans who received separation pay, compensation for time served, had to repay it if they later qualified for VA disability benefits. (Federal rules barred receiving both.) The VA would withhold disability checks until the debt was cleared. From 2013 to 2023, this debt recoupment structure equaled $2.44 billion in separation pay and bonuses from 112,834 veterans.

To many, this payment structure may seem like punishment to the disabled veteran. In 2023, Senator Ruben Gallego’s (AZ) Restore Veterans’ Compensation Act of 2023 which would have barred this practice, arguing the two payments serve different purposes. Since that time, the bill has been reintroduced many times. Most recently, Representative Bilirakis (FL) brought the Restore Veterans’ Compensation Act of 2026 to Congress on January 13, 2026. (HR7027 was referred to the Subcommittee on Disability Assistance and Memorial Affairs on May 7, 2026.)

“It is ridiculous to claw back money from a veteran who has put life and limb on the line, just because later in life they qualify for disability benefits,” stated Gallego, acknowledging the fact that traumatic brain injury symptoms often surface or worsen years after service.

*The bill’s chief criticism is fiscal: ending recoupment means the government forfeits future collections.

Heat, the Brain, and the Law

Red Ford pickup truck driving on a desert road under bright sun with mountains ahead

Extreme heat is a direct threat to the brain. When the body cannot shed heat fast enough, core temperature climbs and heat stroke can follow. This medical emergency leads to overheated blood damaged neurons and can result in cognitive impairment. People already living with a brain injury are especially vulnerable, as damaged temperature-regulating systems make it harder to cool down and easier to slip into confusion, seizures, or worsening symptoms.

Prevention, though, is straightforward and quite simple: hydrate constantly, rest in shade or air conditioning, avoid exertion during the hottest time of the day, and wear light clothing. Most importantly, treat dizziness, nausea, or confusion as warning signs and call 911 immediately when there is sudden confusion or a collapse.

Government response has been uneven. The Occupational Safety and Health Administration’s original Heat National Emphasis Program expired in April 2026 and was replaced by a revised, expanded federal program running through April 2031. H.R. 6213 and S. 4427 would prevent the Department of Labor from putting a national heat safety rule into action.

Profile of a human head with a detailed brain illustration and legal symbols including a gavel, scales, and law book.

On July 21, 2026, the House Education and Workforce Committee advanced the Heat Workforce Standards Act in an 18-15 party-line vote to block OSHA from finalizing such a rule. Opposing it, Rep. Alma Adams (NC) challenged colleagues to “stack boxes on Independence Avenue for a few hours without water and without shade.” In support of the bill, Rep. Tim Walberg (MI) argued that it isn’t fair to impose a “one-size-fits-all” federal mandate across very different industries, climates, and workplace environments. Though all states have extreme temperature concerns, as can be attested in the Northeast right now, it is notable that the opposition comes from not only party lines, but also from regions of the country that often have heat waves.  

Senate’s College Sports Overhaul Includes Safety

On June 2, the Protect College Sports Act, S.4668, was introduced by Senate Commerce Committee Chairman Ted Cruz (TX) alongside Ranking Member Maria Cantwell (WA), Senator Eric Schmitt (MO) and Senator Chris Coons (DE). Chiefly an overhaul of name, image and likeness rules, “It [also] establishes strong health and safety protections,” stated Cruz on June 3, a day that was headlined by a hearing with the former Alabama coach Nick Saban. The legislation would require concussion and brain-injury safety standards enforced by independent officers and create a $60 million annual trust fund for long-term conditions such as CTE.

Infographic showing four pillars of college sports safety: injury prevention, facility safety, medical support, and education preparedness.

The committee voted 19-9 on June 18 to advance it, and it now sits on the Senate calendar awaiting a floor vote. Last week, on July 13, 2026, the bipartisan Protect College Sports Act picked up two new backers, as Senators Shelley Moore Capito (WV) and Peter Welch (VT) signed on as cosponsors. Days later, Senator Eric Schmitt told the Associated Press Sports Editors that they “probably have 60 votes,” meeting the threshold the measure needs to clear the full Senate.

The bill is backed by the NCAA but is opposed by the SEC and Big Ten. However, this opposition appears to be against financial aspects of the bill and about over government overreach, and not about new safety standards. Additionally, a House companion bill, H.R. 9137, remains in committee. President Trump has urged passage “this summer”.

Update: Mercury on the Mind

Industrial refinery at sunset with a yellow danger sign warning of mercury area and hazardous chemicals

Mercury is a potent neurotoxin. It is particularly dangerous for pregnant women and young children. As a 2018 TBI on the Hill piece noted, mercury exposure “may delay developmental milestones” in fetuses and children, and acute poisoning can bring tremors, slurred speech, and hallucinations.

The EPA finalized the 2012 Mercury and Air Toxics Standards, targeting coal- and oil-fired power plants. In 2024, these standards were tightened by Congress. Supporters of this heightening of standards argued that the tighter limits reduced toxic exposures tied to neurological harm. Critics countered that by 2021 mercury emissions were already down 90% from pre-2012 levels, and the 2024 update’s compliance costs outweighed its measurable benefits.

In February 2026, the EPA repealed the 2024 update, reverting to 2012 standards. In turn, on April 27, 2026, Senator Whitehouse (RI) introduced S.J.188 to reinstate 2024 standards, which would nullify the presidential proclamation from earlier this year. When the Act went to the Senate floor on June 3, 2026, the resolution failed 46-53, with voting falling in party lines, as they considered (1) Did the 2024 rule cause unnecessary economic stress on the industry, costs that are then passed on to the consumer”, and/or (2) Are the brain-protective regulations too great for the government to ignore?

FY27 Defense Bill Takes Aim at Military Brain Injuries

Stacks of defense budget documents laid out on a table with the U.S. Capitol building in the background at dusk

The Fiscal Year 2027 National Defense Appropriations Act advances several significant provisions for service members living with traumatic brain injury, moving through both chambers of Congress with bipartisan momentum this June.

The Senate Armed Services Committee approved S. 4784 on June 10 after a three-day markup. The bill includes a provision “requiring the Secretary of Defense to provide a briefing on the feasibility of regular cognitive testing and establishing blast overpressure and TBI logs, and encouraging DoD to approach brain health, blast overpressure exposure tracking, and suicide risk analysis as force health protection.” Additionally, it includes “the provision of training to the armed forces of partner nations in the Indo-Pacific and Arctic regions in the following areas: (A) Health effects and medical response related to chemical, biological, radiological, nuclear, and explosive weapons, (B) Trauma care, (C) Preventive medicine and infectious disease, (D) Post-traumatic stress disorder, (E) Suicide prevention, (F) Traumatic brain injury, (G) Medical and health intelligence, (H) Health policy and administration.”

The House version, H.R. 8800, passed committee 44-12 and includes a section that would create a working group to develop an AI-driven digital strategy for treating brain injuries, and $7.5 million for a Cognitive Performance Enhancement Program for Special Operations Forces. H.R. 8800 has not yet received a floor vote.

The Biggest Veterans Bill in Years Buries a Tinnitus Trap

U.S. flag waving with Capitol building and two military personnel silhouette, text about Veterans Act 2026

House Veterans’ Affairs Chairman Mike Bost (IL) and Senate Veterans’ Affairs Chairman Jerry Moran (KS) introduced the Take Care of America’s Veterans Act (H.R. 9237/S. 4744) on June 10, 2026. This new 554-page, 62-page bill includes many sections that affect the brain injured from multiple angles:

Led by Rep. Jack Bergman (MI), a retired Marine general, and Rep. Sarah Elfreth (MD), the BEACON Act provision authorizes roughly $60 million for VA grants targeting non-pharmacological treatments for mild-to-moderate TBI. The Precision Brain Health Research Act, championed by Sen. Jerry Moran and Sen. Angus King (ME), directs a 10-year VA research plan on repetitive low-level blast injuries. The bill’s TBI provision includes A Blast Overpressure Task Force and HBOT reporting requirement, from Rep. Gregory Murphy (NC). A catastrophic-disability supplement of $833/month would benefit many severe TBI cases.

Furthermore, the package includes the Major Richard Star Act, the Love Lives On Act, and the Veterans’ ACCESS Act, among others. Rep. Gus Bilirakis (FL), a Congressional Brain Injury Task Force member, is among 20 House cosponsors; Senate cosponsors are John Boozman (AR) and Kevin Cramer (ND).

While the bill may appear wholly beneficial, it’s controversial because it offsets costs by reclassifying tinnitus – often a TBI symptom – as a derivative condition. (A derivative condition refers to a medical, legal, or mathematical situation that results directly from a pre-existing or primary cause.) This new classification would eliminate its standalone VA rating and data shows that it could potentially cut $57 billion in benefits for 1.5 million veterans.

Congress Seeks to Declare Stroke a National Health Crisis

Stroke emergency awareness infographic with F.A.S.T. signs and emergency contact instructions

“Recognizing stroke as a national health crisis requiring immediate, coordinated Federal action.” – So reads the heading of H.R. 1287, introduced in the U.S. House of Representatives on May 14, 2026, during American Stroke Month. “Whereas time is critical in acute stroke care, and for every minute of treatment delay, nearly 2,000,000 neurons are at risk of permanent damage,” it continues.

Sponsored by Rep. George Latimer (NY), and co-sponsored by Rep. Debbie Dingell (MI), this resolution was promptly referred to the House Committee on Energy and Commerce, where it awaits further action. The Dingell family has a long legislative history related to brain injury. Ms. Dingell’s late husband, Rep. John Dingell, former chair of the Committee on Energy and Commerce, submitted a committee report on the Stroke Treatment and Ongoing Prevention Act to the 110th Congress. That legislation strengthened stroke education, prevention, and treatment programs. Ms. Dingell has since supported the brain-injured community, through such actions as sponsoring the Better Care Better Jobs Act of 2023.

No Congressional Urge to Move BACK HOME

Inmates in prison uniforms in a common room with correctional officers and a sign reading 'TBI Support Group – 2:00 PM'

An estimated 107,400 veterans are serving time in state or federal prison, many of whom may carry wounds that no one can see. Combat exposure-associated mental and physical consequences including traumatic brain injury, PTSD, and mood disorders, are unfortunately directly linked to a greater likelihood of criminal justice involvement among veterans. Currently, by law, the VA cannot provide hospital or outpatient care to incarcerated veterans because penal institutions are legally obligated to furnish inmate healthcare. Bipartisan legislation aims to break that cycle.

The Get Justice-Involved Veterans Behavioral Assistance and Care for Key Health Outcomes to Maintain Empowerment (BACK HOME) Act, was introduced by Senators Angus King (ME) and Pete Ricketts (NE), along with Representatives Herb Conaway (NJ) and Morgan Luttrell (TX). The bill, S. 4162 and H.R. 8044, would create a VA pilot program to furnish mental health services to incarcerated veterans, prioritizing those with service-connected TBI, PTSD, or military sexual trauma. It would also ensure automatic resumption of disability compensation payments upon a veteran’s release from incarceration.

Logos of veteran associations and psychological associations side by side

“The Get Justice-Involved Veterans BACK HOME Act is about closing a dangerous gap in care by ensuring that justice-involved veterans can still access the mental health services they need to heal, rebuild, and successfully reenter their communities,” said Senator King. Congressman Conaway, a physician himself, added: “The Get Justice-Involved Veterans BACK HOME Act is about closing a dangerous gap in care by ensuring that justice-involved veterans can still access the mental health services they need to heal, rebuild, and successfully reenter their communities.”

The legislation is supported by the American Legion, Vietnam Veterans of America, the American Psychological Association, and the American Psychiatric Association.  Unfortunately, there has been no action on either the Senate or House BACK HOME Acts since their respective  introductions on March 23, 2026, and March 24, 2026.

NE Joins States to Promote Veteran Brain Injury Bill – Congress Has Run Out of Excuses

Legislative Resolution 314 on hyperbaric oxygen therapy with Nebraska Capitol building in background

On April 9, 2026, Nebraska’s Legislature passed Legislative Resolution 293 in a 43-0 vote, making it the 14th state – alongside Oklahoma, Texas, Indiana, Kentucky, Arizona, Florida, North Carolina, Wyoming, Maryland, Virginia, North Dakota, Tennessee and Missouri – to formally urge Congress to expand treatment access for veterans suffering from traumatic brain injury and post-traumatic stress disorder, one of the most pressing issues facing American veterans.

Introduced by Nebraska State Senator Kathleen Kauth, the resolution, “[urges] the United States Congress to swiftly enact legislation to provide for veterans’ access to treatments for traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD).”

In particular, states’ resolutions seek to encourage Congress to move forward on hyperbaric oxygen therapy. “A 4-week course of HBOT may alleviate depressive symptoms in PTSD patients, an effect associated with increased serum BDNF and β-NGF levels,” according to a 2026 study, available to view on the NLM database. The United States loses more than 17 veterans per day to suicide, with TBI and PTSD among the leading contributing factors.

Now that 14 states are aligned behind this legislation, the pressure on Congress to act is mounting.

Brain Injury Community in Crosshairs of Bipartisan “Claim Sharks” Bill

“We will be suspending your Social Security number because we found some suspicious activities on your Social Security. If you want more information about this case, press 1. Thank you.”

Smartphone screen displaying a scam likely call with decline button being pressed

While the above “Robocall Scam Example”, listed on the Federal Trade Commission’s Consumer Advice webpage, may seem to be an obvious scam when viewed in print, the same may not be said when abruptly faced with the concern – particularly if you already have cognitive disabilities. In response to this reality, a new bipartisan bill targets predatory for-profit companies that use robocall software to harvest veterans’ disability data from federal phone lines Advocates state this practice poses a particular threat to veterans living with traumatic brain injury.

Introduced on March 26, 2026, by Rep. Chris Pappas (NH), the Veterans Benefits Information Protection Act, H.R. 8120, was prompted by a 2025 NPR investigation: Florida-based Trajector Medical “CallBot” auto-dialer program placed tens of thousands of monthly calls to a VA hotline, inputting veterans’ Social Security numbers and birthdays to detect disability rating increases and trigger automated billing both with and without veterans’ knowledge.

In addition to Pappas, H.R.8120 counts a bipartisan list of co-sponsors, including Rep. Don Bacon (NE), a retired Air Force brigadier general and co-chair of the Congressional Brain Injury Task Force.  “Our veterans should never be targeted by bad actors trying to profit off their hard-earned benefits,” says Bacon, adding that the bill, which was referred to the House Committee on Energy and Commerce on March 26,2026, “takes a commonsense approach to crack down on predatory practices and protect veterans from exploitation.”

* Scamming, of course, does not solely refer to robocalls. In recent years, the government has given more attention to cyber scams, and particularly as it relates to the disabled. In 2024, the Journal of International Medical Research addressed cyber scams and acquired brain injury, available to PubMed, noting that, “People with acquired brain injury may be more susceptible to scams owing to postinjury cognitive and psychosocial consequences.”)