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Veterans Face Two-Front War: A Response from the DVA
Bob Walsh, Attorney Fighting for Veterans
Last month, Veterans Today ran a piece on the effort of veterans service organizations impeding veterans from getting legal assistance against the U.S. Dept of Veterans Affairs, an agency ranging from hostile to indifferent to the plight of veterans in a rigged and crooked bureaucratic system.
The fact is there is no unified veterans lobby fighting on behalf of veterans to mitigate a hostile bureaucracy.
Veterans service organizations have been captured by the VA and partisan interests. Groups like Veterans for Common Sense and attorneys like Robert Walsh wage a lonely war on behalf of their clients against the VA, but also against the national veteran service organizations that are part of the problem.
Emblematic is the Disabled American Veterans (DAV) that I say seeks an effective roll-back of legal assistance for veterans after years of working against the right of veterans to obtain legal counsel to fight the VA.
Joseph A. Violante, National Legislative Director of the Disabled American Veterans disagrees with the above sentiment. Mr. Violante’s views on the matter are reprinted below, and I will let them stand without further comment so that the group’s view are heard here. Intelligent disagreement is critical, as is dialogue with the enemy.
By Joseph A. Violante
The column, ‘Attorneys Fight for Veterans Against VA and VSOs’ contains some inaccuracies, which I would like to address.
You claim that the Disabled American Veterans (DAV) is targeting the use of attorneys by veterans. This is absolutely false. While we have a resolution calling for repeal of the law that allows attorneys to charge veterans a fee for services render on claims, DAV is not actively pursuing that goal. DAV does not oppose attorneys assisting veterans with their claims; we are opposed to veterans paying forthose services with their earned disability compensation. It is our firm belief that veterans have already paid for their earned benefits. For your information, DAV has reached out to and been contacted by many law firms and individual attorneys who are helping active duty service members and veterans with claims assistance on a pro bono basis. DAV works closely with these attorneys in identifying active duty service members and veterans who need assistance before Physical Evaluation Boards (PEBs) and the U.S. Courts of Appeal for Veterans’ Claims and Federal Circuit.
The reference to Veterans Service Organizations (VSOs) as the ‘veritable enemy’ couldn’t be further from the truth. Last year alone, DAV National Service Officers were responsible for our clients receiving $4.3 billion in new and retroactive benefits. DAV Transition Service Officers are on military installations providing free TAP and DTAP counseling, as well as assisting with claims work and reviewing files. Our Mobile Service Offices, with state-of-the-art electronic equipment, go out to inner cities and rural areas to provide claims representation to veterans who cannot get to regional offices in person. DAV assists any veteran, his or her dependents and survivors free of charge. Our assistance doesn’t stop there. DAV volunteers help veterans in the hospital, drive veterans to and from their VA medical appointments and assist veterans in their communities with services that include cutting lawns or grocery shopping to name but two. These statistics are hardly the work of an enemy.
Again, the reference to VSOs, and specifically DAV, as ‘part of the problem in denying and delaying veterans [sic] disability claims’ is false. You provide no facts to back up this fallacious allegation. First, I believe the benefits we obtain annually for our clients prove you are mistaken. Second, there is no reason for us to delay a veteran’s benefit claim. Unlike an attorney, our representatives get no fee based on the retroactive payment our client receives. Further, we don’t have the ability or any reason to ‘deny’ our own client’s claim. Finally, DAV and many VSOs and Military Service Organizations have been recently working on a comprehensive plan to improve the VA claims process and speed up decisions, outlined in our National Commander’s recent testimony and other testimony provided over the past two years by national legislative staff.
It is interesting that the link embedded in your article, ‘the Attorneys for Veterans right [sic],’ links to a blog that claims it is ‘independent,’ yet it is littered with ads from attorneys looking for business. The page you link to is from 2007, three years ago.
To support the allegations in the article, ‘Attorneys Fight for Veterans Against VA & VSOs,’ you print a letter from a Mr. Priessman. He starts by claiming: ‘Recently, the DAV, after testimony by its Commander, Roberto Barrera, sought to overturn legislation [Public Law 109-461].’ I have no idea where he got that information, because it is totally unfounded. I would direct your readers and Mr. Priessman to National Commander Barrera’s full written statement (http://www.dav.org/voters/documents/statements/Barrera20100302.pdf), DAV Talking Points (issues provided to our members to raise at their meetings with elected officials) (http://www.dav.org/news/NewsArticle.aspx?ID=219) or a video of Commander Barrera’s oral remarks and answers to questions (http://www.youtube.com/watch?v=FzLBDFVNhvU (part 1) and http://www.youtube.com/watch?v=ehZkEhQikNo(part 2)). Nowhere is there any reference to repealing P.L. 109-461, which allows attorney to charge veterans for services. Nowhere is there any mention of attorneys except for DAV’s work with law firms, which provide pro bono services before PEBs and the federal courts. Nor is it clear where he believes we have portrayed ‘attorneys as complete scoundrels’ and ‘veterans as complete dolts.’ DAV employs several attorneys, myself included. DAV’s objection is about attorneys receiving a veteran’s disability compensation as their fee.
There are some veterans or other claimants who believe that they will get better results by using an attorney, but this is simply not borne out by the facts. One need only look at the annual statistics from the Board of Veterans’ Appeals. Annually, attorneys are below the average for allowances. Last year, the average for allowances at the Board was 24 percent. The average allowance rate for attorneys was 22.7 percent. The only group lower than attorneys were unrepresented veterans. Not only did all VSOs come in higher than attorneys, but so did ‘agents’ and ‘other representatives.’ While attorneys do have a higher remand rate and hence a lower denial rate than the averages, there is no way to identify what percent of the remanded cases were for procedural due process reasons and failed to put any money in the veteran’s pocket.
Short URL: http://www.veteranstoday.com/?p=24972
Posted by Yanira Farray on Apr 3 2010, With 0 Reads, Filed under Politics. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.
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Well, this article started out interesting and then turned into a “WTF?” piece. Is the author advocating for the DAV by reprinting their entire letter of reply? Or, is this just a “plug article” for VCS and attorney Bob Walsh?
Moreover, at the beginning you assert that VSO’s are the enemy without supporting it whatsoever.
So, get back to your assertion and re-write the piece.
Sincerely,
Fmr. Capt. Luis Carlos Montalvan
Told Mr. Violante I would present his view on the issue. As in:
“Mr. Violante’s views on the matter are reprinted below, and I will let them stand without further comment so that the group’s view are heard here.”
Reread the piece, and then go back over your comment and rewrite it as I guess you didn’t so well in reading comprenhension.
Your piece does NOT elucidate (comprehensively) how VSOs are “the enemy.” You reference one VSO and it’s in the form of a rebuttal letter which offers little more than rhetorical garbage.
So again, I suggest you take a look at your thesis and write something with a body and a conclusion.
Again, Mr. Violante is responding to present his views.
I think he is clear is this, if you will read his missive.
Right, VCS and Bob Walsh are kicking me back $1,000s for the plug.
VSOs are not getting the jobs done at the VA. Have you noticed?
The grunt work is being done by people and organizations that you have likely never heard of, but deserve mention. That’s two.
Col Dan Cedusky is another. That’s three. [He's kicking me back $500 for that plug.]
WTF, are you really that foolish?
I would have to agree, somewhat, with the DAV explanation, somewhat because, being not a disabled vet, I have more then watched what these long time VSO’s have and haven’t done as to supporting and fighting for what they’re supposed to be, that’s the Veterans, members of or not of these groups. They are a much more Proactive Group than the Legion and VFW who because of their leanings to the right and supposedly, faked as we all saw in the previous decade, ideology of small government and tax rollbacks while wanting and using what those taxes pay for, are reactive and often try and take credit after the fact and hard work of proactive veterans groups! Luckily the new generation of Veterans, sadly as to two Wars of Choice, are forming new organizations, mostly in the center of politics, that are extremely proactive so far and are carrying on that which many of us older vets have accomplished or have been fighting for for decades as the country ignored!!
Should add, the reactive groups are great on marketing the groups especially as to the local communities, reason they’ve stayed around so long, and the reason they’re now on the wain, that marketing ain’t working no more it started downhill for many of us Vietnam Vets who didn’t buy into it nor need a neighborhood bar to gather at just to talk about issues!!!
Jim, Joseph and Readers,
Walsh just sent this e-mail, reprinted below. You’d like Walsh, a crazy Nam Army veteran who works too many weekends for his own good.
But before you read Walsh’s stuff, just off the phone with Kurt Priessman, a libertarian Texan with whom I have about nothing in common politically. But we both don’t want to see veterans get screwed. We all agree veterans are getting screwed. VSOs are right there in the disaiblity benefits process, but they are obstructing time and again.
Look, here’s Exhibit One:
By Robert Walsh
I was informed recently that the local DAV service officer stood up in a public veterans meeting here in Battle Creek, Michigan and lied to all present.
He said that if you hire an attorney to work on your VA benefits claim and win you will pay 1/3 of the back pay and then 1/3 of the benefits for life.
I charge 20% of the back pay. I do not get paid when I help veterans with new claims. I had over $ 250,000.00 recovered for veterans last year that was pro bono, without fees. Some attorneys charge 33% of the back pay. No attorney can charge a veteran for life.
That lie I suggest is the official “big lie” coming from DAV. I do not think our local service officer could come up with such foolishness on his own.
The DAV response may be accurately stating how much their claimants recovered last year. As to how many cases the DAV takes up to the U.S. Court of Appeals for Veterans Claims (CAVC) and the U.S. Court of Appeals for the Federal Circuit, the answer is very few. To my knowledge no service organization staffed up with attorneys to assist their members after the creation of the U.S. Court of Appeals for Veterans Claims. There is no “G.M. Legal Services Plan” type of free legal assistance available to the membership of the national service organizations. There are only two or three thousand attorneys in the U.S. that assist veterans with benefits claims. The VA has a large number of expert attorneys in Washington to represent them on each case at the CAVC and Federal Circuit.
A few Pro Bono attorneys will not clean up the 1 million claims backlog the VA has created with the able assistance of the DAV and the other service organizations. The system is broken, and veterans and their families suffer every day because of it.
The DAV approach of “pissing on a forest fire” has not been effective for the past 60 years. It is not effective now, and will not work in the future. But they press on.
If you are not part of the solution, then you are part of the problem.
The major changes in veterans benefits in the past 50 years have been through grass roots efforts or by small organizations. Agent Orange was tackled by the Vietnam Veterans of America. A workable G. I. Bill was recently rammed through by the Iraq Afghanistan Veterans Association. The ban on concurrent receipt was a grass roots effort by thousands of disabled military retirees with little support from the large organizations. Veterans for Common Sense had the courage to sue the U.S. Department of Veterans Affairs over the benefits claims processing debacle.
The recent improvements in Agent Orange benefits and Gulf War Illness was the work of a handful of men and women. Less than a hundred. Many of them are seriously ill with the diseases they have been seeking benefits for. They were able to effectuate change in the system. But for 60 years the national service organizations have been unwilling or unable to modernize and improve the system.
I do not believe in bringing a pen knife to a gun fight. I do not think veterans should have to hire an attorney to get their benefits. But since they have had little or no help from the National Service Organizations my position is that 80% of 100% is far better than 100% of nothing, and easier to spend.
- These are my personal views and are not the views of the University of Detroit Mercy School of Law or Project Salute. -
The DVA have lost track of the needs of veterans. They have for the most part failed to advocate in the current needs of disabled veterans. Regardless of what Violante wants to believe he is no different than the rest of the VSOs like the VFW who go with the flow and succumb to bureaucracy pressure to hold their tongue or face not being invited back to Congress. Is this not the intent of a Congressional Charter? VSO leaders have dismissed the needs of the members. OFFE, Chairman Gene Simes and other members of the 5301 committee have approached commanders on the issues of state courts using veterans’ disability compensation as attachable income does not seem to impact them as they refuse to get involve. Maybe they lack the expertise in the matter, but still veterans need to know that as a member of any VSO they would be willing to go to bat for one of their own. Maybe they do not understand the concept of “leave no man behind”, probably because most are combat veterans. If all the commanders of all the VSOs would stand together and demand that Congress explain to the states that a moral obligation was seeded when our fore father and earlier Congressional leaders enacted laws to protect such abuse of benefits against disabled veterans, maybe state courts would be more willing to least read the law. This protection is rooted back to the early times of our birth of our Nation. Our enemies list has grown, so it is time that Congress reinforce in intent of the Congressional Congress in 1776 where it sought to encourage enlistment and curtained desertions with the nation’s first pension system. This pension system would later go on to become the law of the law for veterans and its protection. So, where is our service organization as our benefits get eroded by the states? The real issue behind a veteran’s disability is that the times have not kept up with the social demand of today. Remember, that these benefits belong wholly to the veterans. This is simple, the “ONE person Rule”. Congress did not make any allowances for ex-spouses, only veterans, widows and orphans. Hey, here is a job for VSOs. Think about it. If you want your members to follow than lead with them behind you and not the behind needs of lobbyists.
In my dealing with battling the VA and DoD for my claim of GWI, none of the Service Organizations(VFW, DAV) were of any help.
Success came from the foot work of my wife, my personal physician and writing to my congress reps an senators.
I am a member of both the VFW(which was the worst) and DAV just to keep up on their points of views on veterans matters only. I don’t have any of their decals on my vehicles to show my public support for them.
[...] This post was mentioned on Twitter by Tyson Mutrux, Evening Reveille. Evening Reveille said: Veterans Today: Veterans Face Two-Front War: A Response from the DVA http://bit.ly/cWZBIz (via @veteranstoday) [...]
MS. Moore:
Where you there when Simon Alvarado was there in Vietnam was shot twice and received two purple hearts? For get about the proper use of the sentence and listen to the message being conveyed. Thats whats wrong with the politically correct in the country……..they have lost contact with the real world. The politics of today look to serve me or I and not the we………do you get my message…….com..pren..da.
Jerry,
Deleted Ms. Moore’s comment.
Spam.
Good Morning Folks,
Welcome home Vets. This is how it is. VSO’s (Veterans Service Organizations) have been more interested in building memberships, getting your membership and dues money, and taking on abstract political issues like helping to forcibly removing Japanese citizens from their home in 1942 or finding Communists in the 1950′s and 1960′s but have been conspicuously absent from such events as the 1932 Bonus March, the 1960′s Civil Rights movement, or the eroding of Veterans benefits that occurred in the 1970′s and especially in the 1980′s.
The reason for this multi fold. First VSO people elected to office used their position in the organization to get public jobs, sell insurance, or political advisory jobs with local politicians or members of Congress. Service to the rank and file seldom by local a VSO seldom went beyond Softball Leagues or Veterans Bowling Night or Veterans Night at the ballpark. While there are many dedicated individuals in the VSO’s, over all, the organizations have been interested in almost everything other then advocating veterans issues.
You can usually tell when VSO leadership has sold out to a well paying job that mostly involves using his/her influence with members or a cushy schedule C Government position that pays six figures, when their statements in the publications tell how they stopped a program from being cut even more then it was. You can’t prove or disprove a negative.
When Veterans return for War they are simply changing enemies, from those shooting at them to the American people who despise them and begrudge them the meager benefits that they have earned. Both are trying to kill him/her, the enemy with bullets, the American people by cutting the VA budget and helping him/her die sooner to get them off the books.
ALLONS,
Byron Skinner
The grunt work helping veterans is done by a bunch of people whom the world likely not recognize.
That’s okay. True veteran advocates are more interested in helping vets slog through VA ‘crat trash than bowling night or kissing up to some muckty-muck.
I personally have not received direct assistance from any veteran assistance agency.
The DAV was suppose to represent and assist me with my disability claims. The most they have done is provide me with forms I can obtain online and still just as confusing to complete on my own.
The VA misdiagnosed my disability and failed to offer any treatment for 9 years. They charged me for appointments when I attempted to establish the misdiagnoses and assist myself. On top of this they tell me, my 20 years of military HR experience does not qualify me for HR, clerk, or secretary positions with their agency.
The state DVA’s have run me in circles and jumping through hoops for several years to eventually learn some piece of red tape disqualifies me for the benefit.
In the past 3 months I have been calling every number and person listed under the DOL’s VETS without a single return reply. What does it matter that I will have to live in the street come July. Maybe someone will provide me a one way ticket to the everglades, as the MI Veteran’s Representatives considered for homeless vets.
We can’t even live on Federal land, parks, etc. Without employment to provide for ourselves what’s left but breaking the law to get fed and shelter?
Let’s go back to enactment of the Veterans Claims Assistance Act of 2000. After VBAs across the country downsized because they no longer needed so many claims workers and then were required to gear up to meet the requirements of this Act, did Congress adequately fund the VBAs and exercise oversight to ensure that funds were not diverted for any number of reasons? At this time, there are folks pretending to be veterans to receive benefits to which they are not entitled. Another set of vets are those who received BCDs and now want benefits to which they are not entitled, including discharge upgrades. We now have some VA social workers who are helping vets file claims AND are promising vets entitlements THAT ARE CONTRARY TO LAW. There are a few Bob Walsh’s who are doing what he does with the best interests of vets in mind. I am a veterans advocate! The claims backlog is a problem with a solution but one that should not be left to the members of Congress. Unfortunately, those of us could make things happen have no audience.
Hey Sue,
In your opinion, what do you think of Sec. Eric Shinseki?
Is he for real? I mean does realize the culture at VA and wish to radically alter it?
Hi, Mike.
What about the culture the Secy brings with him? There are some non-government ties that make me uncomfortable. Plus, it appears that DoD is eating away at responsibilities that clearly belong within DVA purview. A sore point is the “transition” physical where DoD is calling the shots. Fitness for duty on one hand; degree of impairment or disability on the other. The disability rating system and the fitness for duty rating requirements should not be considered as one and the same. I have concern that we veterans are throw-aways, even more insulting -welfare recipients. If we are not for ourselves, who is for us?
[...] Veterans Face Two-Front War: A Response from the DVA : Veterans Today [...]
Having left the Army honorably discharged 1996, with few service connected medical conditions and no compensation, it was a long road to finally reach an equitable agreement, 2007.
Orange County, Orlando, Florida has a veterans service office funded by the county, that offers excellent counsel and help in any situation, dealing with the VA. I would have been turned out had they not represented me in applications and appeals. The VFW was also a great resource as they were across state where the decisions are made.
My advise is to find your county service representative and have them fight your battles as you are already paying for their service with your taxes.
The standard VA answer, is no – but. We never take no for the final answer, and explore the but. We never take it personal. And we continue to appeal and gather medical documents until we get what is right and fair.
The VA wants the veteran to take it personal, get mad, and stomp off in rage…it wins every time that way.
No, we can’t do that…we have to accept in a professional manner that this might take 7 years and we cannot depend on it’s success. However,with persistance, 7 out of 10 times we can reach an equitable settlement.
Glad it worked out for you. You deserve it.
Some of the locals do a good job; nationally it get politcal fast, a different story.
It is nice to hear a county service office in a positive light. I recently retired as dir of a county veterans office. For twenty years I had nothing but grief in dealing with the poor training, alcohol problems, giving wrong information to veterans, not in his office when hours indicated, not wanting to deal with widows of disabled veterans who need help and a number of other issues. All of this was with three DAV state service officers. Three times letters were sent by our office and the veterans advocate at the local VAMC. The state VSO totally ignored our information. We even gave names of the veterans who were mishandled. The first one finally retired, as a drunk and the second was finally released after cut backs within the department. There are times when an attorney should be used period! I had two issues concerning me before the BVA after the RO turned them down twice. The BVA gave positive decisions on both. Both issues concerned Gulfwar issues. If they had not made a decision in my favor, an attorney would have been sought.
What about our precious Wounded Warriors Incarcerated; for lack of treatment combat documneted PTSD/Traumatic Brain Injury. Please join http://www.veteranschamberofcommerce.org to help get Power Point Presentations into the prisons to train our Brothers/Sisters to be business owners (solar energy, etc) upon release.
We need you John l4:12 “Greater works will you do than I because I go to My Father.”
TheWarWidows
mmurphy@veteranschamberofcommerce.org
former VA/Prison Chaplain/Marshal OklaCtCriminalAppeals
Mike, I like this post, especially some of the well thought out response and your responses to them. I find the ‘crats, their lingo and their ability to disappear, mind boggling.
Nice job. What I was looking for when I was recommended to VT
Tom Dillman Houston Vet
Yeah, I had a long conversation with your fellow Texan, Kurt Priessman.
I resolved to stop political frack you’s as much as I can abide, so we can join forces and beat the ‘crats and kiss-asses, and assorted REMFs, you guys call em.
Looks like the minority is speaking out again on the VSOs. They gather about and listen to the far left bashers of the VA system, and post hate and discontent. Why is it that I and my Brother have had the best from the VSOs and county officers? We are both Korean vets and both with 100% Comp. We went to war as a million others have and was treated right when we came home. Yes I will admit that sometimes it seemed like a long time for the wait on the Comp. My Brother got a 50 thousand dollar retro check after I and the County service officer got him him started on the proper way to work with the officers and the VA system. Now of course the VA is loaded up w/o enough help and too many new vets to serve. It will be that way for a long time, and that will make more far left comments and bashing of the system. As always there are not enough vets that will post how they have had good results through the VA. One reason here and some of the other Vet sites like this, is because of the sites being so far left they can not turn a little to the right. Maybe it is because of the sites like this turn them off. BTW, I am not in the minority, nor my Brother, nor my buddies that have got the help needed. Sorry if you have not got the help needed. Try a whole new approach and get rid of your bitterness for better results. It is there for you. Regards and may the best work out for you. This is my opinion on this matter. Sincerely, Bob Y
Hey Bob, I think that you misinterpret the readers’ concerns. There are some good workers in some VSOs but the leaders are the ones lacking the ability to talk to our congressional leaders in a way which comes across as being advocates for their members. Have you had a chance to look at the accounting sheets and see where the money is going to? I can tell that I have personally looked at the Texas VFW balance. I was amazed by the number of dollars ($6 millions) put away in all kinds of accounts on top of 401k, dental, health insurance for staff, etc., plus expense accounts for top VFW officers. Life is good at the top. Oh, I forgot my point I looked at how much was being spent on veterans, (MAP) Military Assistance Program $30,000, now is according to their 2008 expense report. This money was used for a party for veterans; I am assuming Iraq vets returning from the front. So, you see look at the pocket book and see how much is being spent elsewhere. The last time I was at their office only so many were taken, until the next day, provided there were not in some conference stuffing their faces (maybe this is out of line). The hours were cut for veteran business, but the staff remains. Sorry to say that my experiences have been negative ones. They can do no more than what I can. They had wanted me to bring them information from VA, etc. Heck, I can fill out forms and make copies. I could have saved my lifetime member fee to buy stamps. So, do not get me wrong, you do have good workers, but they cannot see or talk to everybody. You are right about the waiting, bring a lunch.
The veterans national organizations are more interested in chit chatting with the Congress, traveling the national seeking more members on both the national and state level, visiting VA hospitals, having their picture taken with veterans at the VA hospitals, going to dinners and patting themselves on the back on what they thing they are doing for veterans. Not one single national veterans ranking office has expressed disgust with our government for not coming up with some type of increase for disabled veterans. Instead they repeat the same diatribe over and over before the house and senate committees.
Thank you SgtMaj, my point exactly. The VSOs continually are confined to the box, spout the same legislative priorities, agree with other organizations as not to rock the boat…
All told they represent maybe 25 – 30% of all vets, you can’t suggest anything new to them if you’re a member or if you are not, so I choose not to belong and to state my case as a proactive veteran. Lead, follow, or get the frak out the way! Oh by the way, if you attempt to lead me down the insane path of failure, or only what you want, guess what?
Dear Mr. Violante and readers,
As the author of the letter, I would beg your indulgence for just a minute.
First, I request you read the letter precisely. There is absolutely nothing in it that says “during testimony”, it says after testimony.
Second, the letter was in response to a March 16, 2010, article published by the owner and founder of VAWatchdog dot Org titled, “IS THERE A FUTURE FOR ATTORNEYS WHO PRACTICE VETERANS’ LAW?”
(http://www.vawatchdog.org/10/nf10/nfmar10/nf031610-1.htm) which cited a posting on Jim Strickland’s Straight Talk for Military Veterans discussion board. So while I did not make the initial comment, it did inspire the letter to the House and Senate VACs.
You state that while you have a resolution it is not actively pursued. Apparently, if you believe Mr. Scott, Mr. Strickland and Mr. Walsh, which I do, then while your overt efforts may have stopped, your covert efforts have not.
I would expect more concern for the perception of a conflict of interest, as every veteran who advocates for their constitutional right to due process would, by my estimate, be opposed to your efforts as well as the VBAs efforts to deny them the right to an attorney to wage war on your benefactor, the Department of Veterans Affairs, at the earliest opportunity.
Do you assume there is no implication of impropriety when a Service Organization chartered to serve the veteran population acts to deny them another resource, one in competition with a VSO? Or seeks to make veterans the culprit for the delays in claims cutting their response times to reply to the VBA, rather than laying blame on the organization that has been found lacking by their own Office of Inspector General, which found 7 of 7 VAROs, all VAMCs, the VACO, and most if not all CBOCs failing critical aspects in their inspections? Therefore, you must think us dupes, correct?
Healthcare second to none you call it, nary a word in protest of the corrupt practices of delay, denial and unsubstantiated positions taken by the Department. I believe then that my statement to the Congress was succinct and accurate. Your efforts against the constitutional rights of veterans by resolution or otherwise, your inability to successfully insure that Congress clearly assesses the DVA as adversarial, that both administrative managers and health care providers be held accountable makes you deserving of far more than my original statement.
Kurt Priessman, MSgt, USAF (Ret)
B.A., M.B.A., C.P.M.
MSgt Priessman,
Personally Jim Strickland from VA watchdog has not impressed me with his ability to come across with the message conveyed for our disabled who suffer at the hands of our court systems. Mr. Strickland would like to be able to say that we have veterans who are dead beats and do not want to pay support after being divorced. Mr. Strickland hasnt did his research on USC 38 5301 which used to be 3101. Mr. Strickland hasnt went to the library of Congress and spent his own time and countless hours on the phones talking with our disabled who have been disabled twice, become homeless, unable to take care of themselves or anyone else, being estranged from their own children, being forced on the run to another state etc. Mr. Strickland might be an advocate…..but for who and I challenge him on any research he has on disabled veterans benefits and the wording of our laws, protection of benefits that has been watered down by people just like him.
Veteran
Jerry Bohr
Jerry,
Please let us not talk apples and oranges. I understand your concern with Mr. Strickland, but my interpretation of his stance is quite different than yours.
I believe, having heard Mr. Strickland speak about the subject is this. Mr. Strickland has a pragmatic view of the situation. As a member of USLG I continue the fight against the unfair distribution of disability pay from veterans. What I heard Mr. Stickland say was that the law was the law was the law. I heard the argument that “the law” wasn’t fair. No doubt. But the law is the law until it is changed, and while we may conjecture much about it, it is still the law.
So what may be a disagreement, or a misunderstanding, has nothing to do with the fact that I responded to an article in a proactive manner. Whether the DAV did or did not lobby behind closed doors does not prohibit me from stating my opinion to the Senate and House that any organization whose charter is to assist veterans who seeks to limit choices available to veterans is acting contrary to the interests of veterans and is acting for its own benefit at the sake of veterans.
There are many comments here, good and bad. But they have nothing to do with your apparent reference to the rightly stated fact that the law in many states does permit the taking of retirement and disability compensation, and to the fact that until the federal law, and more importantly state laws are enacted to change this, Mr. Strickland was correctly and pragmatically stating what the facts are, not whether it should be applied, rightly or wrongly.
I dont think the DAV is being truthful. Who gave the DAV the authority to decide how Veterans spend their money? If Vets want to spend it on lawyers, and they think it is in their own best interest, why does the DAV stick its nose in there and adamantly and vehemently try to prevent it? The DAV needs to be offering MORE options (and rights) for Veterans, not less, if they are truly representing Veterans interests.
The DAV has already became a “self proclaimed” voice of Veterans, without bothering to even ask Vets themselves what they need or want. If VSO’s could do the job of an attorney, (like the DAV claims) then we need to shut down ALL law schools, and just have citizens who have been wronged visit a DAV type of organization for all citizens. The DAV position is actually an “attack” on education..lawyers possess an advanced degree and most DAV reps do not.
I wonder if the DAV opposition to Veterans Attorney representation has ANY Thing to do with them getting Free rent at the Regional Offices? Has anyone heard there is “no such thing as free rent”? It sounds like we Veterans are ‘paying’ the rent on the office space by the DAV opposing any changes that may help weed out Regional Office Corruption which, in at least one Regional Office, is widespread, according to Hillary Clinton.
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[...] Veterans Face Two-Front War: A Response from the DVA : Veterans Today [...]
This is like the Democrats and Republicans fighting over a health care – neither side willing to fix what is really broken, so the end result is something more complex and harder to fix than ever. And the two parties continue to snipe at each other like a bunch of two year olds fighting over the empty box while ignoring the toy.
I think anyone experienced with the VBA can agree that only the most experienced VSO’s can do a great job, while many disbaled veterans suffer with a mediocre VSO or a VSO who is starting to learn the system. There comes a point where a VSO can do no more while an attorney can work the legal side. Whether it’s 25% or 33%, the veteran could be getting something with an attorney that he might not have gotten with a VSO.
Let’s all remember the unofficial motto of the VBA “Deny, deny, until they die.”
Let’s all join together and get the system fixed – and try to get along for the good of those veterans who need the vital services of both VSOs and attorneys.
You would have to read the hundreds of emails I get weekly from veterans pleading for help, saying their VSO’s will not return their phone calls. The DAV, as I understand it have reduced their attorny staff that takes cases to the Court of veteran Appeals. Had a veteran who DAV refused to pursue their case to the Court, found him an attorney, won a procedural decesion from the court, and is now back at the VBA awaiting a decision. Attorney Bob Walsh is a Godsend to veterans, as is Attorney Joe Moore, and several others. They provide much pro bono help, where no help existed before… what do you do? who do you turn to? after VSO has had your claim for years, then drops you?
Editors Note: Check out http://groups.yahoo.com/group/VeteranIssues for more information on veterans’ news.
The VSO bosses and PR specialists will swiftboat Walsh and any veteran who does not toe the line.
[...] Veterans Face Two-Front War: A Response from the DVA : Veterans Today [...]
[...] Veterans Face Two-Front War: A Response from the DVA : Veterans Today [...]
Every single thing that I have been dealing with, you stated in beginning……. I believe the DAV caused me more problems than I actually had in the beginning. The state of GA has to be the worst!!!!!!!!!!!!!!!!!!!!!!
The VA doctors have, lied too me, about me, modified my records after the fact (fraud – I have caught them in the act) No one seems too care or have the ability to do anything about it. I have been provoked during an appointment. Had I reacted and done something to this person, all the lies would easily believed by any weak minded person that works (crime) at the VA.
They gave me 58 exays in 38 days time. Had me on 5 anxiety meds in a months time. Given me two upper gi and two lower gi’s. Will not give me all of the results. Will not give me all of my records. IT TOOK SEVEN YEARS to get a simple copy of my active duty medical record. Then it was NOT complete. Has a COMPLETE year missing. Someone changed the dates…… in the med record and I can proof it. I have enough notes on this to write a BOOK. I have been slandered and lied about in my Vet Med Record.
The VA med doctors have made incomplete entries, gone back and changed old entries.
Why isn’t anyone able to stop these CRIMES from continuing? We risk our lives and our unborn childrens lives overseas and come home and have to fight a bunch of lying civilians.
My daughter was born after the Persian Gulf War of 91. She is having acid reflux, muscle pain, joint pain……. this is probably why they lied about her in the record also.
They have by design, lied about me in every part of the record.
I have all records I have received. I have all the lies and tricks documented. I have requested a BVA in the past and did not get one. I have filed NOD’s and appeal’s and have not received all responses due.
Why are the VETERANS being done this way???????????????????????????
Every C&P has errors/lies. The active duty record proves they lied. They must not be looking at it……..
84′-90′ 91′-93′
Going to start a website so, the vet’s can scan and post the lies in the records for all can see!!!!!!!
I didn’t find DVA helpful at all. I knew it was usless when I found their office in the VA building. I wanted to fight for my benefits. Instead I got, “Now we don’t want to be nasty. After all we’re not enemies. I could see the boot black on his tongue.
There are very good VSO’s. There are very bad VSO’s. As for the DAV many of their NSO’s do a very good job. But not true for other veterans organizations. Me a combat veteran I think mainline veterans organizations work against us combat veterans.
In fact tens of and maybe hundreds of thousands of combat veterans died from combat disabilities while DAV, VFW and the Military Order of the Purple Heart dithered away.
To me they are as responsible for shoddy treatment of combat war veterans as congress.
[...] Veterans Face Two-Front War: A Response from the DVA : Veterans Today [...]
Always research the independent rating of VSO’s regarding their use of an annual budgets directly funding aide to veterans. If they don’t have at least a “C” rating, they don’t deserve your money. Period.