Wounded Veterans' New Fight: The VA

(CBS)  Former Army medic Jeremy Smith was wounded and paralyzed in Afghanistan. Clearly qualified for both medical and pension benefits, Smith was surprised when a Veteran's Affairs counselor told him he wasn't disabled enough for vocational benefits.

"How can I not be disabled enough? How much more disabled do I need to be," Smith asked. "Should I go throw myself under a bus real quick?"

Brandon Frazier has a similar story. A veteran of the 2004 Marine assault on Fallujah, Brandon suffered hearing loss and Post Traumatic Stress Disorder, PTSD.

But as CBS News correspondent Wyatt Andrews reports, a VA counselor wrongly told him the VA would not help disabled vets study pre-law.

Notebook: Reporting on Disabled Vets

"It didn't seem like he was in there to find a way to help me. He was there to tell me I couldn't," Frazier said.

"Looking for a way to turn you down," Andrews asked?

"Right," he replied.

Then there is Kenny Lyon. A Marine sergeant, whose miraculous battlefield rescue in Iraq - and 2 year fight to recover - was profiled on "60 Minutes."

60 Minutes: A Fighting Chance

Lyon had to fight the VA for five months - but after being finally told he would get vocational benefits to study at Gettysburg College, the VA called to say stop.

"I was on my way to classes and I got a phone call saying it was not approved," Lyon said.

"You weren't getting the tuition," Andrews asked.

"Yes," Lyon replied.

The VA benefits these veterans requested are from a program called Vocational Rehabilitation and Employment, or Voc Rehab benefits. Separate from the GI Bill,Voc Rehab helps disabled vets get whatever training they need to live on their own or get a job. When it works, which is most of the time, Voc Rehab services range from sign language lessons to technical classes to Harvard Law School.

Information about the Vocational Rehabilitation and Employment and other VA benefits
Department of Veterans Affairs
VetSuccess.Gov

But in a two-month investigation, CBS News found story after story of veterans who were wrongly denied benefits, veterans who even under the complex rules, should have qualified.

"It makes me question everything I've done," Smith said. "Was it right, was it worth it?"

Voc Rehab does serve more than 100,000 disabled veterans. But in the last two years, the number of new applicants soared - up 28 percent - to more than 78,000 last year alone. The VA claims it successfully rehabilitates 75 percent of the veterans admitted to the system.

"This is an excellent program," said Ruth Fanning, the program's director.

"Is 75 percent good enough," Andrews asked.

"Seventy-five percent is a good number for rehabilitation programs and it represents veterans who have completed the program," Fanning replied.

But by not counting the veterans, like Smith and Frazier, who apply but don't get into the program, the VA is overstating its success. Two years ago, the VA's Inspector General said if every veteran who applied was counted, that success rate could be as low as 18 percent.

"I am asking about veterans who walk in and get what they see as - dismissed by the case officer," Andrews said.

"It's an excellent point," Fanning said. "If a veteran is out there who is not happy who feels he or she wasn't well served, we want to hear from them.

Call the toll-free VA number at 1-800-827-2000

The number of veterans not well served, could easily be in the thousands. Last year, as applications surged, the General Accounting Office said most Voc Rehab regional offices had "fewer counselors than they need."

Read GAO Report

When the VA moved to hire outside counselors in 2008, it gave a contract in 44 states to one company, Heritage of America, that had no staff in most of the areas awarded.

Vicki Oleson and dozens of Heritage counselors stopped being paid. Which meant many stopped giving the tests veterans need to get into Voc Rehab. Heritage blames those payment problems on the VA, but declined to speak to CBS News on-camera.

Meanwhile, Kenny Lyon whose application was bogged down during the contract fight, had a connection at Walter Reed Army Medical Center, who helped restore his benefits.

"That's what scares me," Lyon said. "Is that somebody who is not as connected could get told 'no' and accept that."

It was designed as a nation's welcome home, a way to help disabled warriors return to work. But today's Voc Rehab program is often uneven. Some veterans are approved for Harvard - others randomly rejected.

[Veteran_11]

Monday, November 29, 2010
Some U.S. 'Korean Conflict (National Emergency Proc. No. 2914)' veterans (starting on May 8, 1975 to September 14, 1976) are denied their 'period of war' Benefits at all Department of Veterans Affairs Regional Offices. These Offices use (Title 38, U.S.C., Section 101-Def.-Stat (9) The term "Korean conflict" means the period beginning on June 27, 1950, and ending on January 31, 1955.)
The 'Korean conflict' was a National Emergency in the 94th U.S. Congress (1st and 2nd session) August 30, 1975 to Sept. 14, 1976, so why is the ending date for the 'Korean conflict' is stated incorrectly in Title 38, U.S.C., Section 101.Definitions- Statute (9) for U.S. Veterans.
1) Congressman Rodino (N.J.) said in the Congressional Record-House-Sept. 4, 1975 (Page 27632):
"Presently, the national emergency declared in December of 1950 by President Truman in connection with the Korean conflict is in effect."
Congressman Flowers (Alabama) said in the Congressional Record- House-Sept. 4, 1975 (Page 27634):
"Presently, the national emergency declared in December of 1950 by President Truman in connection with the Korean conflict is in effect."
http://www.lexisnexis.com/congcomp
2) Hearings before the Committee on Government Operations-United States Senate-NINETY-FOURTH CONGRESS (second session) on H.R. 3884 on February 25, 1976.
(Page 5)
"Prepared Statement by Hon. Frank Church, a U.S. Senator from the State of Idaho."
"Presently, there are four national emergencies in existence:
The national emergency declared by Franklin Roosevelt on March 9, 1933, to cope with the banking crisis;
The national emergency declared by Harry Truman on December 16, 1950, to respond to the Korean conflict.
The national emergency declared by Richard Nixon on March 23, 1970, to deal with the Post Office strike; and
The national emergency declared by Richard Nixon on August 15, 1971, to implement currency restrictions and to enforce controls on foreign trade."
Page 6
"Nonetheless, the powers available to the President have gradually expanded. The wars, emergencies, and crises of various kinds of the past forty years, in addition to the growth of the executive branch bureaucracy under the leadership of strong Presidents, and the diminished role of the Congress in the making of policy-these factors have all contributed to the erosion of constitutional government."
Page 13-15
"Prepared Statement by Hon. Charles McC. Mathias, a U.S. Senator from the State of Maryland"
"I should point out exactly how the 470 statutes were identified. All the statutes covered by the National Emergencies Act are characterized by their requiring that the President proclaim a state of national emergency or a state of war to be operative."
Statute 10 USC 712 permits the President "during a war or a declared national emergency" to detail members of the Army, Navy, Air Force, and Marine Corps to assist in military matters" in any foreign country.
The National Emergency Proc. No. 2914 was active in the 94th Congress (2nd Session) when this Marine Corps Person boarded the U.S.S. Guadalcanal (LPH-7) on September 2, 1976. 'Operation Teamwork' and 'Operation Bonded Item' (NATO Operations) were authorized by President Ford. Secretary of Defense Gates has never awarded me an 'Armed Forces Expeditionary Medal' for being overseas during the 'Cold War' and during the 'National Emergency Proc. No. 2914(Korean conflict)'.
I served on active-duty from Feb. 1976 to 1977 and received a Medical Discharge after being in an accident at no fault of my own. The Secretary of the VA refuses to list me as a 'period of war' veteran (the 94th U.S. Congress -----111th Congress People have never corrected the ending date in the 'Korean conflict-National Emergency Proc. No. 2914) in Title 38 U.S.C., Section 101. Definitions for the Veterans registered with the Department of Veterans Affairs.


Frank McDonald III
Moline, IL. 61266-1373
VA# 29-527-095

[Veteran_11]

This service-connected Veteran was in VA-Voc-Rehab in the year 2000 when I had a Heart Attack. Now I am still on 'blood thinner' by the VA Doctors in Iowa City,Iowa in 2010 and the Secretary of the VA won't give me any additional Compensation for the permanent damage to my Heart.
This 40% service-connected Veteran will never be able to qualify for Vocational Training(Voc-Rehab) at the Department of Veterans Affairs again because he had to apply to receive Social Security Disability.

[Veteran_11]

The only way a veteran can get an answer is to fill out a Privacy Act Form for your U.S.Congress Person Office and/or U.S.Senator Office to request their help in getting an answer.
That is the way I have been able to get an answer out of the Department of Veterans Affairs Regional Office because of all the backlog of claims from Veterans.

[BirdnestRehab]

Dettmerrehab,

My company held contracts with the VA for over 20 years as did yours. When we were told that the VA was going to a sole source venue, we couldn't imagine how one organization could handle what 240+ companies and individuals did previously. Of course, my peers thought that surely an organization like Goodwill or the Salvation Army would work these files because their infrastructure was already well established. If I recall correctly, the Heritage of America President spoke at the pre-proposal conference meeting to provide "advice" and "tips." Rose Ascencio, the contracting officer came to that conference without notes, information or any knowledge and was completely and totally unprepared. She frequently said she would "get back" to the questioner or defer to whom I think was this Patrick Chorpenning. Obviously, this was completely an inside job and Heritage with a staff of three people including the owner, his wife and a family friend had absolutely no idea what they were getting into. I had spoken to a woman who called and asked if I was interested in working with them but Heritage never sent any paperwork or information about how they planned top operate. However, she DID say that they had been working on staffing numerous areas throughout the US for the past 18 months prior to the contract award and had agreements and contracts with other providers. So, obviously they already knew they were going to receive the contract.

That said, however, we bid on the new contract after Heritage fell on its face but have not heard anything for months. The saddest part of it is unlike many government contractors, I believe that vocational rehabilitation professionals truly help disabled veterans and they act as a VERY needed buffer between the VA staff who are constantly inundated with new files and certainly more than they can handle. Not only that, but we are highly educated, well trained and have greater knowledge about training programs, school programs and other services that the VA may know about but are too buried in their other work to pay much attention.

The Vets are on the losing end of this situation. They can't get correct information, are often shuffled around for no apparent reason and sometimes flat out lied to. They need contractors who will tell them the truth, explain what they need to do when no one seems to be listening and how to get their needs met. They also need to know that nothing "bad" can happen to them if they hold their ground. And if they get bullied, there are options like calling their congressperson and lodging a complaint in writing which is a huge wake up call for the VA staff and their supervisors. I wish I could write all of the horrors I have witnessed over the years where Vets have encountered the most egregious forms of complete disregard. Okay, just one story: A Vet came into my office and the VA counselor was there and she told the Veteran that he wasn't "disabled" enough and said that this was a program for "drug users and alcoholics." He stated he felt he still qualified as he was completely blind. Of course I spoke up and said that this was EXACTLY the program for him, which didn't endear me to the VA counselor. I certainly hope for the Veterans sake that someone somewhere will wake up and realize that for every dollar spent on a Veteran nine times that amount is returned in the form of employment taxes to the government. The better the education, the higher the wage and more able the Vet is to sustain viable employment in addition to having the ability to purchase goods and services which in turn benefits their families and the economy.

[Veteran_11]

U.S. living Korean Conflict Veterans (in the National Emergency Proc. No. 2914 from Feb.1, 1955 to Feb. 27, 1961 and from May 8, 1975 to September 14, 1978) are denied their ?period of war? Status and Veterans Compensation Benefits at all Department of Veterans Affairs Regional Offices by elected U.S. Senators and Congress People. The Department of Veterans Affairs Regional Office use Title 38, U.S.C., Section 101. Definitions-Statute (9) The term ?Korean conflict? means the period beginning on June 27, 1950, and ending on January 31, 1955. In Statute (9), the ?Korean conflict? states the wrong ending date. The 94th Congress states the ?Korean conflict? was in effect by the Congressional Record- House -Sept.4, 1975 (See Pages 27632- 27638 on the National Emergencies Act).
Congressman Rodino (New Jersey) said on Page 27632 of the Congressional Record in 1975:
?Presently, the national emergency declared in December of 1950 by President Truman in connection with the Korean conflict, is in effect.?
Congressman Flowers (Alabama) said on Page 27634 of the Congressional Record in 1975:
?Presently, the national emergency declared in December of 1950 by President Truman in connection with the Korean conflict is in effect.?
Public Law 94-412 eliminated ?National Emergency Proc. No. 2914? on September 14, 1976. This Law gave 2 additional years to ?PROC. No. 2914?, so it ended on Sept.14, 1978. The U.S. Senate Veterans Affairs Committee / 412 R.S.O.B. / Washington, D.C. 20510 must correct the ending date for the ?Korean Conflict at the Department of Veterans Affairs. The Secretary of the VA must have an amendment passed by both Houses of Congress to state the correct ending date in Title 38, U.S.C. Section 101- Definitions-Statute (9).
Send a letter by U.S. mail to the Senate Veterans Affairs Committee to correct the ending date of the ?Korean conflict? in Title 38, U.S.C., Section 101. Definitions- Statute (9). See Public Law 94-412(H.R. 3884) ?as the result of the existence of any declaration of National Emergency in effect of such enactment of this Act are terminated two years from the date of such enactment.?
U.S. Veterans in the 1st paragraph are discriminated for serving on active-duty in one of the Armed Services during President Truman?s National Emergency Proc. No. 2914 (Declared War and National Emergency by the President of the United States and the U.S. Congress).
I think it is time for the Veterans to vote out the Congress People and U.S.Senators who never help the Veterns get their monetary Benefits(monthly benefits).

Frank McDonald III

Moline, IL. 61266-1373

[Veteran_11]

The Management of each Department of Veterans Affairs Regional Office will approve a Veterans(69-90 yrs old)Compensation Case before a younger Veterans case.When the oldern Veteran is from World War II War, then his case will get priority attention because of his age.

[Veteran_11]

July 7, 2010


U.S. living Korean Conflict Veterans (in the National Emergency Proc. No. 2914 from Feb.1, 1955 to Feb. 27, 1961 and from May 8, 1975 to September 14, 1978) are denied their ?period of war? Status at the Department of Veterans Affairs Regional Offices by elected U.S. Congress members. The Department of Veterans Affairs Regional Office use Title 38, U.S.C., Section 101. Definitions-Statute (9) The term ?Korean conflict? means the period beginning on June 27, 1950, and ending on January 31, 1955.Statute (9) has the wrong ending date. Congress has stated another ending date in the Congressional Record.
See the Congressional Record- House -Sept.4, 1975 (Page 27632- 27638).
Congressman Rodino (New Jersey) said on Page 27632:
?Presently, the national emergency declared in December of 1950 by President Truman in connection with the Korean conflict is in effect?.
Congressman Flowers (Alabama) said on Page 27634:
?Presently, the national emergency declared in December of 1950 by President Truman in connection with the Korean conflict is in effect.
Public Law 94-412 eliminated National Emergency Proc. No. 2914 for the Korean Conflict on September 14, 1976. This Law gave 2 more years to the PROC. No. 2914when it was signed. The U.S. Senate Veterans Affairs Committee / 412 R.S.O.B. / Washington, D.C. 20510 must correct the ending date for the ?Korean Conflict for U.S. Veterans. The Secretary of the VA must receive the change in a Public Law to change the ending date of the ?Korean Conflict?.
Send them a letter by mail asking the Senate Veterans Affairs Committee to change the ending date of the ?Korean conflict? in Title 38, U.S.C., Section 101. Definitions- Statute (9) because the Congressional Record and the Public Law 94-412 said the Korean Conflict (National Emergency Proc. No. 2914) lasted longer than 1955.
Veterans are being discriminated in their Status for Veterans Benefits because the ?Korean Conflict? based on President Truman?s National Emergency Proc. No. 2914 is incorrect in the Title 38, United States Code Laws for Secretary of the VA Shinseki? This living Veteran served in this National Emergency PROC. No. 2914.


Frank McDonald III
Moline, IL. 61266

[hollywoodnc1]

The only way to fix the va is to kick it in the nuts! No matter what is aired, no matter who appears in front of committees, no matter how many marches are held...

SUING the crap out of the DVA is going to make change. ONE person cannot do it. Nor can ten. But one thousand filing a Class Action will get their attention.

I want out. I'm sick and tired of the bureaucratical crap that I've put up with for 35 years. I'm not taking it anymore, and I will take care of my own medical problems.

Please go here and read my blog. It is a short version of what I want to sue for. There's more than this, but I didn't want to spend a week writing.

If interested, email me with a short detailed message.

Thank You.

Bruce M.

http://usgovissues.blogspot.com/

[gunman76]

I would like to touch on the point that it is not just the wounded vet's the are being given a hard time with this program. There are many who served 20+ years with injuries they recieved on active duty or through medical negligence from a military hospital. We all served and all deserve the same treatment weather wounded in action or injured while supporting those in combat.

[spredbury]

The VA (Veterans Abuse) is the sorriest collection of uncaring, arrogant, couldn't care less individuals I have ever dealt with. Any time you do get to talk to someone who appears to want to help you find their efforts are about as unsuccessful as your own efforts to get help. Every contact I have had with the VA has resulted in nothing more than more frustation. The VA is a broken system that is slanted against the veteran. If you non-veterans don't believe me, just ask any veteran what they think of the VA. It is so easy for our "leaders" to send people into harms way, but they can't seem to take care of the ones they send. And I absolutly agree with WYODUTCH, Viet Vets are being pushed to the back of the line.