Sunday, June 01, 2008
The VA needs a better play book
From the RoundTable blog
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Brooks S. McDaniel
McDaniel is an independent Veteran Affairs claims agent. He lives in Roanoke County.
The Veterans Administration has been caught again in its efforts to better serve itself than the veterans it has been charged to serve. Recent congressional hearings revealed discrepancies in the Department of Veterans Affairs in the number of veterans who are committing suicide. This number is estimated at 1,000 veteran suicide attempts per month on average and will more likely be found to be higher once the smoke and mirrors have been breached.
The important question is, "Why are American veterans committing suicide?" Again, the answer lies buried within the confines of the Department of Veterans Affairs. Several veterans have sought assistance with their combat experiences and have developed post-traumatic stress disorder, a condition that includes symptoms of anger, depression, helplessness, anxiety, avoidance of people and or situations and aggression. These symptoms affect the veteran as well as his family, yet those veterans were being turned away at the VA hospitals until the death of several became national news. Sadly, the news was answered by the Department of Veterans Affairs' unofficial play book of "deny, delay and defend," arguing the point of numbers instead of providing solutions to his horrific situation.
The other side of the VA system, the disability system, is equally horrific and a major factor in this situation. America's veterans are now experiencing nearly a 24-month wait before a decision is rendered in their claims process, a process that needs to be given the status of a national crisis, as again the same unofficial VA play book is used in the claim process, "delay, deny and defend."
This is a national crisis, because there are currently VA claims pending for World War II, Korea and Vietnam veterans. Yet our sons and daughters continue to answer our nation's call and continue to provide our nation's defenses, and doing so by representing less than 10 percent of our nation's population.
There is a need for change, and such changes have been taking place. Veterans are now allowed -- yes, I said "allowed" -- to choose whom they want to represent them in their VA claims process, but even that change has imposed restrictions by self-serving veteran organizations and the Department of Veterans Affairs.
This change allows attorneys or agents to represent veterans only after the VA has denied their claims and a notice of disagreement has been filed (again, a year or more process), and allows the attorney or agent to charge a fee of 20 percent of the back-due award. This is a major victory for America's veterans and their families, yet this VA regulation needs to be refined for the betterment of veterans and their families. The first needed change in this regulation is the requirement to wait for a notice of disagreement to be filed. Veterans have earned the right to choose who they want to represent them from the very beginning of their claims process.
The second change that is needed to this VA regulation is the payment of the 20 percent fee. The department should be responsible for paying this fee after the first year of the date that the veteran files his formal claim. This would force the VA to adjudicate the claim without delay and without taking an adversarial position. If a claim is denied by the department and the veteran files an appeal that is upheld and awarded, then the VA should be responsible to pay for its error or delay, not the veteran and or his or her family.
Veteran suicide is a national issue, and so is the VA claim process. There is no justification, and there is no excuse.
