THE ONGOING DEBATE: SHOULD VETERANS USE ATTORNEYS

FOR VA CLAIMS? -- More on the issue from

Veterans' Advocate Jim Strickland.

Veterans' advocate Jim Strickland provides regular columns for VA Watchdog.

And, I just have to share this with you.  Below is a photo of Jim's new Hawg.  He'll be riding it to Patriot Guard activities.

If you would like to contact Jim about his columns, you can email him here...

The archive of Jim's articles is here...

Column below:

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Responses to my recent columns regarding Veterans' Choice of Representation Act of 2006 S 2694 IS were pretty much as expected. The great majority of Veterans want choice. Many have experienced a similar situation to my own. Frustrated and angry, they too want their lawyer.

What was unexpected was the vitriol from the Veteran Service Organization (VSO) representatives I heard from. I knew there would be disagreements. This is a uniquely American debate and it’s how the process works here. Laws get made and laws get changed and it’s a rough and tumble business at times.

But when the NSO supervisor assailed me for my “ranting”, my “disgusting” comments and my “ignorance”, I had to read it again a day later to make sure I’d heard him correctly.

His position that “the introduction of attorneys into the VA process will do nothing but make the process more adversarial and difficult” is the company line. It’s stated as if it were a fact. It isn’t a fact; how would anybody know what introducing lawyers into the mix will do? It’s never been tried. There’s no history or precedent to prove his claim and no evidence that lawyers will do anything but improve the rate of disability applications granted for Veterans.

The eye-opener came when he told me, “It has been my experience that NSO's do the best with what is provided of them from the veteran. It is each of or (sic) own ultimate responsibility to submit evidence to the VA...unfortunately many people do not take this responsibility on, and expect others to do it for them.”

If you’ll take just a moment to read that again and contemplate it, you’ll understand that he’s blaming the Veteran for his own woes. When we come to his office, we Veterans are guilty of “expect (ing) others to do it for them.” Imagine that. When we sign over power of attorney to a “professional” who professes to have skills, training and experience to assist us against this giant institution, we might “expect others to do it for (us).”

I was speechless for a time, a condition almost unknown to me. Here’s a fellow that I trust with my future and hope he’ll be my point man and guide me through the pitfalls and land mines and he expects me to submit evidence to the VA. If I don’t, well…it’s not his problem. I should have tried harder.

While I was dumbstruck (it didn’t last that long) I thought of the implications. If I am ill and visit my doctor, I need to be prepared to bring my sterile latex gloves, surgical utensils and a Grey’s Anatomy. I shouldn’t expect that the doc would do it for me. I wouldn’t want to impose on him, would I?

When time comes around to do that oil change, rotate and balance the tires and do the alignment on the family car, I should arrive at the auto repair shop in my coveralls and bring my tools, oil and filter.

In this NSO’s world, the lawyer I retain to settle the dispute over a property line of some land may show up in court but won’t bring any of my deeds or plats with him. He’ll figure if I don’t supply all that myself, I’m not really interested in winning. When time comes to stand before the judge, he may tell me I can speak for myself.

When we contract with someone to provide us a service we trust that they will meet our expectations. If we are contracted with an individual to represent us in a legal sense, in a complex and intimidating arena, we expect our representative will pro-actively communicate to us at every step exactly what we must do to further our cause or protect our interests. The communication to us should be in a language we understand to prevent any misunderstandings.

Today you don’t have a choice of representation. You either go it alone or you choose an NSO. You should only do it yourself if you’re confident you have the time to do the research. Pick your representative as carefully as you would choose a heart surgeon. There are some dedicated, hard working and smart Service Officers available who want to give you their best, but you have to seek them out. Don’t sign anything until you’re sure of the individual who you’ll work with. I’m hearing more great things about the state’s Veteran services every day. Their advantage: They’re government employees working with (VA) government employees.

Make copies, make notes, start a file where you make a record of every letter, every phone conversation and every detail of your attempt. Be tenacious and request, demand, records from all providers. Keep them organized and look them over as if your life depended on it. Always be polite and positive in your communications.

Beyond that, get involved. Become part of the solution. I’m told there are only 3 kinds of people in our world: Those who watch things happen, those who make things happen and those who wonder what happened. You know where you want to be on that list.

Contact your representatives and tell them you support the Veterans Choice of Representative Act Bill # S.2694. Write to the heads of VA and others to let them know how you feel. They’re all waiting to hear from you.


 

Contact Jim Strickland here...

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Larry Scott

(go back to VA Watchdog dot Org Home Page)

	Web www.vawatchdog.org

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