Friday, January 27, 2012

VA - an American embarrassment

Mismarked graves, confusion over religion, destroyed disability claims applications.  These are not isolated cases.  This is the agency responsible for taking care of those who protected America and fought its wars.  Media constantly reports cases of veterans who commit suicide and others who are in need of medical care.   This is an ugly situation that can be fixed by only one person.  The Secretary.    Shameless

Thursday, January 26, 2012

Another Wall of SHAME for the VA


This was reported by the MY SA website:

Fort Sam Houston National Cemetery and the Veterans Affairs Department conceded Tuesday to making mistakes that caused families to unwittingly visit the wrong graves of loved ones for years.  The errors occurred at six VA cemeteries around the country, with Fort Sam placing the wrong headstones over 47 grave sites. As a result, four people were buried there in the wrong graves.

The problem at Fort Sam and other veterans' resting places, initially reported by the Washington Post, comes in the wake of a review by the VA's National Cemetery Association. That action was prompted after revelations of widespread problems at Arlington National Cemetery.   ***End of Story ***

Comments: While this may be dismissed as human error, it goes to the heart of the poor job performance of the Secretary of the VA; Mr. Eric Shinseki is totally not in touch with what goes on behind his closed door in Washington.  His poor leadership in rectifying the many problems with his department is inexcusable and unacceptable. Hiding behind his desk is not going to fix the problems with suicides, homelessness and the increasing number of pending claims.

Mr. President, it is time to find a real soldier who cares about his fellow soldiers and welcomes them to meet with them in his office. Someone who can get the VA back on track.


The Federal Bureaucracy

The VA is unlike any other part of the administration because it is not there to enforce the laws and policies of the US government.  The VA is there to interpret Title 38, a flexible set of rules, that guide the award of disability compensation to America's veterans.  In this capacity it is like the Social Security Administration and state workman's compensation agencies that interpret rules regarding disability compensation.  There is an existing model for this type of work. 
Disability claims processing is not rocket science.  The process can be simplified to go kart level.  An American Promise has one objective - to improve claims processing by the VA.  We realize that other VSO's have spent much time briefing Congress on the negative effect the VA has on our embattled veterans.  Veterans have gone from fighting several hot wars and a cold war to fighting a more insidious war inside the Washington Beltway.  Our point is this, veterans should NEVER have to resort to the courts to be awarded disability compensation.  Lawsuit are a clear demonstration that the VA is not fulfilling its responsibilities.  There is one person responsible for making sure that the VA functions efficiently.  It is time to start finger pointing.   The Federal Bureaucracy

Wednesday, January 25, 2012

State of the Union

Having heard the President last night I was pleased with his praise of the active duty military and his emphasis on taking care of veterans.  All the active duty military will someday be called "veterans".  That is how I am labeled, a veteran.  I am also one of those thousands of veterans who are waiting for the VA to process their claim for disability.  The President keeps telling the Congress to vote on an issue up or down.  Playing the guessing game is something that most of us are not good at.  With the VA that is exactly what we are doing.  Waiting, waiting and when we ask for the status of our claim we are told to wait some more.  Taking care of veterans means getting the VA to act, means getting rid of excuses, and above all it means "taking care of business"  .  Veterans need a functional VA. 

Sunday, January 22, 2012

Loss of Earning Capacity



Authority - US Code 38 section 1155:


When a veteran becomes totally disabled his future income earnings are restrictive.  For those with severe physically and emotional issues it is hard when if you get divorce the courts want to give 50% or more to your former spouse as alimony.  This money is determined to be reasonable for the support of only one person.  An interruption is this process causes hardships on disabled veterans.

Disabled Veterans Pending Incarceration

In the next few days two disabled veterans will be jailed for contempt of courts for refusing to use their disability compensation as "attachable Income".  The courts in South Dakota and Michigan have no respect for federal laws.  Disabled veterans have always been protected when it comes to their disability compensation.  This is a law and premise that goes back at least 200 years.  Today, USC 42 section 5301 prohibits the attachment and seizure of  veterans' disability compensation for any reason and under any legal process, whatever.  This process is prohibits, except for any debts owed to the federal government.  The civil courts have and will continue to use disability compensation as "INCOME" to distribute in civil domestic issues, if they are allowed.  A disabled veteran receives compensation for only one reason, his loss of earning capacity in the job market.  A married veteran does not receive any special considerations in the rating process.  If a veterans is granted an award his or her dependents may qualify for additional compensation under USC 38 section 1155.  This amount is proportional to the amount of disability awarded.  The courts invades a disabled veteran life when it uses his compensation and divide it half, leaving the disabled veteran with less than what it would take to support himself.  Veterans do not make federal laws, Congress is responsible for many disabled veterans being jailed, simply for respecting such laws.  What we have is a morality stalemate, but the veterans are losing.