 |
|
|
 Vallarta Living | Veteran Affairs | July 2006 
The Rush to Judgments
 David Lord - PVNN
| | The sunrise is seen behind a US marine in the restive city of Fallujah, 50 kms west of Baghdad. Young US war veterans, the majority of them from Iraq, have a tougher time finding jobs upon returning home than average job seekers, according to a recent CareerBuilder.com survey. (AFP/Mehdi Fedouach) |
Since I have been out of Puerto Vallarta, vacationing far and wide across Mexico and the US over the last six weeks, I have a lot to write about and look forward to sharing my opinion about the breaking events that effect US Veterans living abroad.
If legislation that is currently before the US Senate is passed, Veterans will have a new tool to use if a claim is denied. The proposed law, known as S.2694, is the "Veterans Choice of Representation Act of 2006," which allows Veterans to hire an attorney to dispute denied claims.
A recent address by Peter Gaytan, the Director of Veteran's Affairs and Rehabilitation Commission of the American Legion, speaking before the Committee on Veterans Affairs of the US Senate on June 8th, 2006, makes it clear that things are going to get worse before they get better for claims processing within the V.A. system.
He is in agreement with the principal of Veterans being able to hire an attorney, but it is dampened by the questions raised and points out a fundamental catch 22 within the V.A. adjudication process.
I thank Mr. Gayton for the information given on the topic, but I have more questions after his presentation than before it. Is his support of using attorneys to fight for your V.A. claim realistic in light of his concerns about the Veterans Administrations downward slide into adjudication chaos?
What I know from my experience is that the combination of Lawyer and V.A. will be a nightmare for those using the system after the legal wrangling falls into the bureaucratic abyss of the Departments adjudication process, never mind concern for the quality of the claims process - there will be a major gridlock.
Adjudication officers will be hogtied and go screaming for their own Inspector General Lawyers to figure out the points of law raised, resulting in huge backlog as the bureaucratic machine grinds to a halt from the friction created by various points of law raised to defend Veterans against unfavorable decisions.
In the end certain veterans will pay the attorneys fees, and we all will pay the hardship of stalled processing. In the world of V.A. adjudication, you have had to trust that the process was going to be guided by laws [Title 38 U.S.C.] being used in the judgment for or against your case. Now, the Lawyers will bring in a new agenda, a settlement-type agenda, which is used in courts all over America to win a case, never mind the cost of time to others.
The huge backlog at the V.A., as of May 20th 2006, was 370,799 claims in line awaiting a decision. I shudder to think of the reality of the work hours that will be needed to render these claims settled. I know that a year to fifteen months is considered average processing time and if a claim is stalled for any reason, it will become a much greater length of time to process.
I have worked claims for ten years and know that the fee structure of twenty per cent is fair payment for an Attorney to represent your V.A. claim, if all is done in an ethical manner. However, an opportunity to tie up a bureaucratic system by any attorney for a client will not be missed if it can favorably settle the case.
The fact that attorneys gain greater income as the process lengthens will result in all Veterans being held hostage to slower processing. You face a "Catch 22" by the very solution offered attempting your relief. The V.A. cannot keep up now, wait till the Attorneys get a piece of the compensation/pension pie. These views are mine alone and do not reflect the views of any organizations with which I am associated.
 David Lord served in Vietnam as combat Marine for 1st Battalion 26th Marines, during which time he was severely wounded. He received the Purple Heart and the Presidential Unit Citation for his actions during the war in Vietnam. In Mexico, David now represents all veterans south of the U.S. border all the way to Panama, before the V.A. and the Board of Veterans Appeals. David Lord provides service to veterans at no fee. Veterans are welcome to drop in and discuss claims/benefits to which they are entitled by law at his office located at Bayside Properties, 160 Francisca Rodriguez, tel.: 223-4424, call him at home 299-5367, on his cell: 044 (322) 205-1323, or email him at mophmx@@yahoo.com or david.lord@yahoo.com.
Click HERE for more Veteran Affairs with David Lord »»» |
| |
|
Vallarta Weddings
Tell a Friend
Site Map
Print this Page
Email Us