Vets May Have More Difficulty With a Benefits Claim if They Use an Attorney
by Bill Smith
Some time ago I was contacted by a female whose husband, a World War II veteran, was having a tough time with the Veterans Administration when attempting to further his benefit claims. Her question was whether legal representation would be of any advantage when dealing with the Veterans Administration.
According to the Disabled American Veterans July/August magazine issue, legislation regarding this has been introduced in the U.S. Senate and House of Representatives Veterans Affairs Committee. The measures, S 2694 and H.R. 5549, say allowing attorneys to represent veterans would improve access to the VA benefits system and make it easier and faster for claimants to obtain their benefits.
According to Art Wilson, DAV adjutant, just the opposite would occur if the system was legalized more and grind to a halt. Again, according to Wilson’s article, It is important to note the image of lawyers as opportunists contriving to bilk disabled veterans and their survivors out of their meager government benefits is insulting and demeans those who are drawn to the law as a noble calling, but it is difficult to see how allowing attorneys to charge for their services will improve the system when it is abundantly clear what ails the VA has nothing to do with who the veterans choose to represent them. (continued…)
It could be that veterans who advocate it do so with the belief they would receive better representation by an attorney. The VA benefits delivery system was put together to be open, informal and of help to the veteran. The primary aim was to ensure that veterans receive the benefits a grateful nation has made provisions for rather than discourage their claims with government red tape or prolonged litigation.
In the VA process its employees counsel veterans on the basis of their eligibility and their potential entitlement to benefits. They will assist a veteran in completing and filing the informal application for benefits. The VA takes the lead in advancing a claim forward through the necessary procedure. There have been instances of the VA falling short of serving veterans in the intended manner.
The VA sometimes denies veteran’s claims in error, sometimes arbitrarily and veterans sometimes do have to fight the bureaucracy to get what they are due. Again, according to Wilson, It would be shameful if a veteran seeking disability compensation for war wounds, for example, was confronted by an indifferent, resistant or long going bureaucracy and was expected to have to pay a lawyer to get their just dues from the government.
For the government to allow lawyers to be a part of veterans’ claims just for the fees they would charge for their representation when seeking earned benefits is not a good idea. With Senate Bill 2694 and House Bill H.R. 5549 legislation pending, it is up to the veterans themselves to make the decision as to whether these proposed legislative drafts could do more harm than good if successfully passed in both houses.
The DAV strongly urges that concerned veterans contact their senators and state representatives urging them to oppose this ill-conceived legislative proposal.
Opinion
Even though the government sometimes works at a snail’s pace, the Department of Veterans Affairs makes every effort to solve these claims problems with efficient and proven methodology.
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