VA Benefits Act Has Mile Wide Loophole for Fraud

If you thought the VA was a cheap date when it comes to acknowledging claims, consider the fraud they deal with constantly.

In a recent article, we talked about veterans being denied medical claims possibly because of VA budget concerns. That might make some sense when one considers that over $100 million has been ripped off from you – the taxpayers – since 2003 by contractors who masquerade as disabled vets. That’s a whole lot of money that could have been used to settle vets’ medical claims.

The story goes that the Veterans Benefits Act (2003) was designed to offer sole-source government contracts to disabled vets who owned businesses. Someone blew the whistle on this rip-off and there was a huge investigation which did precisely zero. The rip-offs still continue today. Widespread fraud every year and for some reason, the government lets it happen. Would they have a reasonable, rational explanation for that? Chances are they wouldn’t, but it might be interesting to hear what they have to say.

The government is in fiscal disarray and US taxpayers and vets are paying for that mess in a very personal way. If fraudulent contractors posing as vets continue to dine out on our money, what does that say about the checks and balances that are supposed to be in place to ensure fairness? What does that say about the government’s commitment to resolving the country’s financial mess?

Unfortunately, current laws don’t have any penalties in place for this particular type or kind of fraudulent scheme. In fact, if you can believe this, the awarding criteria for the program is based on the honor system. Yes, the honor system. All companies that are applying for funds have to do is check a box on a form that says they meet the VA criteria and they’re in business. Follow-ups, you ask? No, no one confirms their eligibility.

The bottom line here is that government contracting officers know about this and don’t do anything. There is a move afoot to introduce legislation to criminalize misrepresenting a business as being owned by a disabled vet, when in fact it is not. Someone certainly needs to do something about it, as the people who are pulling this stunt are stealing money that is supposed to go to vets.

Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com

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Bill to Improve Veteran’s Health Services

A new act may finally provide the kind of care and support veterans and their families deserve.
Just last month a piece of bipartisan legislation quietly passed into law – the Caregivers and Veterans Omnibus Health Services Act (Caregivers Act). While the title might not say much about what it contains, the bill is designed to not only improve, but reform veteran’s health services.

The intention is that wounded vets get more support, as well as their caregivers (that includes family or others). Of note is a provision that expands care for female veterans (over 1.8 million), one that offers improved mental health services and one that provides increased access to health care for veterans living in rural parts of the US.

This type of legislation has been a long time coming and it is hoped it will make an enormous difference in the lives of those who volunteered to fight for their country; its right, its freedoms and its sovereignty. Many vets are hard pressed to get the help they need when they return from war zones.

Unfortunately, many veterans are injured in ways that cannot be “seen” – post traumatic stress disorder, traumatic brain injury, anxiety, etc. – and because no one can “see” their injuries, they are often shuffled around from pillar to post without getting the medical help they need. Filing for disability is typically a major undertaking. Many times veteran’s claims are denied and often it is many months, if not years, before a claim is resolved.

Statistics relating to veteran’s care indicate that at least 21% of active duty, 24% of retired or separated service members and 15% of those in the reserves are being cared for by a friend or family member who had to quit their job to care for them full-time. The Caregivers Act offers these caregivers assistance and support to handle the stress (mental health services and counseling) of caring for a disabled vet, as well as respite care for families and other caregivers. This new legislation’s intent is to provide health care and a service stipend for caregivers living with wounded vets from the Afghanistan and Iraq conflicts.

Many laws have been passed to help vets, all with seemingly good intentions. Unfortunately, most were ultimately watered down to the point of being completely ineffective by the courts’ interpretations. Only time will tell whether or not this new Act will accomplish what it says it intends to accomplish.

Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com

Tags: Arkansas accident lawyer, Arkansas injury attorney, Arkansas injury lawyer, Arkansas malpractice lawyer, Arkansas personal injury lawyer, Arkansas wrongful death attorney

US Supreme Court Deals Blow to Veterans Seeking Disability Comp

The Supreme Court on  April 21, 2009  struck a blow to veterans seeking to dispute medical claims denied by the Veterans Affairs Department. Reversing a lower court decision, the justices found that veterans must prove that any alleged mistakes made by the VA ultimately resulted in the denial of their claims. The lower court had ruled that the burden was on the VA. The case is Shinseki v. Sanders.  

Challenges to the sufficiency of the notice given to vets by the VA in connection with a disbility claim has historically been a fertile source getting the Court of Appeals for Veterans Claims to remand cases where claim had been denied. This ruling will probably do away with most notice arguments, because the vet is required to show that the defective notice changed the outcome of his or her case, which is not possible in most instances.

Vets have to work for legislative changes to bring this archaic system into the 21st century.