In the case of Henderson v. Shinseki, the U.S. Supreme Court will determine whether the U.S. Court of Appeals for Veterans Claims should have applied a legal doctrine known as equitable tolling to determine whether an appeal of a Board of Veterans’ Appeals decision filed after the expiration of the 120-day filing period should be accepted.

The case involves Korean War veteran David Henderson. Mr. Henderson has a 100 percent service-connected disability rating due to severe mental illness. Prior to seeking review by the Supreme Court, the U.S. Court of Appeals for the Federal Circuit upheld the decision of the U.S. Court of Appeals for Veterans Claims to strictly apply the 120-day filing period and reject his appeal because he had missed the deadline by 15 days.

The claim Mr. Henderson was seeking to appeal would increase his level of compensation due to his need for additional services and supports. Mr. Henderson argues that he was unable to understand the appeals process and subsequently missed the appeal deadline because of his service-connected disability.

Mr. Henderson is not alone. Other veterans have been denied their appeal rights due to similar circumstances. Mr. Henderson’s case could potentially change that.

VetsFirst filed a legal brief in support of Mr. Henderson’s petition. VetsFirst believes that veterans such as Mr. Henderson should be able to appeal decisions by the Board of Veterans’ Appeals even if their appeal is filed after the 120-day filing period when they can show good cause as to why they were unable to meet the deadline. Deference should be given to veterans seeking assistance from the VA whenever possible, particularly when the impacts of service-connected disabilities lead to missed deadlines.

It is a widely-applied legal doctrine that an appeal deadline should be extended if it would be fundamentally unfair to strictly enforce the deadline in an individual case. VetsFirst believes that this doctrine should be invoked to help veterans like Mr. Henderson in filing appeals before the U.S. Court of Appeals for Veterans Claims.

VetsFirst hopes that the Supreme Court will rule that equitable tolling should apply in these cases to ensure that all veterans with meritorious claims are able to receive the benefits they have earned through their service to our nation.

Founded in 1947 as Eastern Paralyzed Veterans Association, United Spinal operates a wide variety of programs focused upon disability rights, veterans’ advocacy and public policy that promotes the full inclusion of people with disabilities in their communities.

JOB DESCRIPTION

• Responsible for the daily operations of the Accounting functions which includes overseeing the general ledger process, accounts payable, accounts receivable, central purchasing, cash control and internal and external reporting.
• Responsible for scheduling and overseeing the monthly general ledger close including analysis of monthly actual versus budget variances.
• Responsible for the accounting systems, including the General ledger, documentation of all journal entries, contribution reports, preparation of monthly bank reconciliations, various balance sheet accounts.
• Assist CFO with the preparation and review of monthly financial statements, including analysis of monthly actual versus budget variances.
• Research and correct general ledger account discrepancies.

JOB REQUIREMENTS

• Bachelor’s Degree in Accounting;
• Experience in non-profit environment required;
• Requires an in depth knowledge of financial accounting, GAAP, internal and management control systems, information systems applications, and audit planning;
• Knowledge of Quickbooks required, knowledge of MAS 90 a plus;
• Occasional travel required;
• Must be detail-oriented, proficient in Excel, with excellent communication skills.

For further information please forward a detailed resume along with current salary, to jobs@unitedspinal.org. Please add “Sr. Accountant Position” in the subject line.

Veterans and people with disabilities are encouraged to apply.

United Spinal Association offers an excellent benefits package, including employer pension contribution.

To visit Arlington Cemetery at any time is a moving and a humbling experience. More than 500,000 men and women who have given their lives in the cause of freedom are buried there. To see the simple yet multitudinous gravestones—aligned horizontally, vertically and diagonally—takes one’s breath away and vividly reminds each visitor of the tremendous sacrifices made by the members of our nation’s armed forces.

I was one of just two wheelchair users seated no more than 10 to 15 feet away from U. S. Vice-President Joseph Biden as he carried the wreath forward at the eleventh hour and placed it gently at the Tomb of the Unknowns. My thoughts were focused on a high school classmate and my cousin’s husband’s cousin, both of whom lost their lives in the Vietnam War.

Afterward, guests returned to the Ampitheater at the Tomb of the Unknowns for traditional ceremonial musical pieces, remarks and prayers. In his speech, Vice-President Biden stated, “Love is why we’re here today, to show our love for the men and women who died showing their love for this great country and to honor their families who share that love even more deeply.”

Then, the Vice-President focused on today’s men and women in the military. He made a point of saying that they love their country and their families just as much as those who served in previous wars, and that they deserve our daily thanks for their service to keep our nation safe.

When the official Ampitheater ceremony concluded, representatives from approximately 30 national veterans groups had the honor of placing their association’s wreath at the Tomb of the Unknowns. Carrying the United Spinal Association/VetsFirst wreath was Air Force Sergeant Wheeler, a member of the Honor Guard stationed at Bolling AFB in Washington, DC. A veterans organization Honor Guard escorted Sgt. Wheeler and myself to the Tomb, and accepted and placed our wreath there.

It was just one day in my life, but it was an honor that I will always cherish and never forget.

Two years ago, I was blessed to become married to a wonderful woman whom I have known for 25+ years. Prior to us living together before our marriage, my wife “volunteered” to be my personal care provider. For most of my nearly 43 years of wheelchair use, I took care of almost all my personal needs, but the wear and tear to my shoulder muscles has made me much more dependent on my spouse now.

After we were married, we applied for certain caregiver benefits from the Department of Veterans Affairs which my spouse now receives. But compared to skilled nursing workers, the VA caregiver benefit amount is minimal at best. Much of what my spouse takes care of for me is “skilled nursing” care.

While I’m healthy now, because my wife is younger than me, it is likely that she will survive me. This fact worries me a great deal. I have some life insurance in place that I purchased in my late 20s, however I fear that it might not last my wife all that long. I’ve tried purchasing more life insurance but at my age and with my quadriplegia, no company is interested in insuring me.

When I pass from this earth, the caregiver benefit that my wife now gets goes away, and according to the Government Accounting Office, so does about 65% of my VA compensation. Actually, I believe it’s more than 65%, especially for a vet with a spinal cord injury who also receives “aid and attendance” and “R category” benefits from the VA.

There’s a bill in the House of Representatives, H.R. 2243, or the Surviving Spouses’ Benefit Improvement Act, that would increase the survivors’ benefit for spouses of totally disabled veterans by $316 per month. This is a start, and the Congress should pass this bill without hesitation.

But both the VA and the Congress need to take a closer look at survivor benefits for totally disabled veterans. I think that my wife’s income will be around 20% of what our total income is now. To my wife, I know that my care is her “personal devotion,” and yes it is a part of her everyday life, 24/7. She deserves better than to be left nearly destitute simply because she “volunteered” to be my primary caregiver.

The U.S. House of Representatives and the U.S. Senate have passed the Caregivers and Veterans Omnibus Health Services Act of 2010 (S. 1963), which includes critical supports for caregivers of veterans with disabilities. VetsFirst has advocated for the passage of this legislation and is hopeful the President will quickly sign the compromise bill.

As urged by VetsFirst, the legislation includes at least some supports for caregivers of veterans from all eras. Caregivers for eligible veterans of all eras will have access to education sessions, support services, counseling, mental health services and respite care. VetsFirst believes that providing these tools to caregivers will ensure that veterans receive quality supports and services in their homes and communities.

The legislation also provides certain caregivers of OEF/OIF veterans who have a serious injury, such as a traumatic brain injury, with a monthly stipend and access to medical care.

Veterans have the right to receive their services and supports in the least restrictive environment. Most people with disabilities want to live in their homes and have the opportunity to be a part of their communities. Although funding services for caregivers requires an upfront investment, the long-term gains that result from assisting veterans with disabilities in their efforts to reintegrate into their communities are significant.

In addition to the new caregiver benefits, the legislation also seeks to expand and improve care for women veterans who seek care through the VA. The legislation also improves access to mental health services and eliminates the ability of the VA to demand copayments from veterans who have catastrophic disabilities.

VetsFirst will continue to advocate for legislation that ensures that veterans from all eras, their families and dependents have access to vital services and supports.

“VetsFirst finds it intolerable that veterans who are perhaps the most deserving and in need of VA benefits and health care are denied their legal rights because of an overly rigid interpretation of a legal technicality,” said Paul J. Tobin, VetsFirst’s President and CEO.

The Supreme Court appeal centers around David L. enderson, a Korean War veteran who was discharged from the military because of severe mental illness. Almost 50 years later, still suffering from that condition, his claim for VA disability benefits was denied at the administrative and appellate levels. Upon receiving the VA’s complicated and confusing instructions for appealing to the U.S. Court of Appeals for Veterans Claims, Mr. Henderson missed the 120-day filing deadline by 15 days. The veterans court subsequently granted the VA’s request to dismiss the appeal because of the missed filing deadline.

Mr. Henderson appealed once more, this time to the U.S. Court of Appeals for the Federal Circuit. The Federal Circuit ruled that the 120-day filing deadline is absolute because a timely filed notice of appeal is the only way to confer jurisdiction over the appeal to the veteran’s court. The court based its decision on a Supreme Court case that made a similar finding – except that the appeal involved a convicted murderer who was appealing a procedural matter under criminal law.

Several judges in Mr. Henderson’s Federal Circuit decision vigorously dissented to the strict application of the 120-day veterans court deadline, finding it both “ironic and inhumane”.

Mr. Henderson has appealed the Federal Circuit’s decision to the Supreme Court. The first step in that process is to petition the Court to agree to review the appeal. If the Court agrees to do so, it will then decide the appeal on the merits. VetsFirst has filed a legal brief in support Mr. Henderson’s petition and argues that the principle of “equitable tolling” – a widely-applied legal doctrine that allows appeal deadlines to be extended because of the fundamental unfairness of strictly enforcing them in an individual case – should be applied to the veterans court appeals deadline.

“Since the Federal Circuit’s decision, the veterans court has been dismissing approximately two appeals per week because the veterans’ notice of appeal was not filed on time. Veterans who are not represented by a service organization or an attorney when they appeal a VA denial of benefits are at a distinct disadvantage. Even veterans with less than severe disabilities may find it difficult to understand and follow the complex appeals instructions that the VA sends them,” explained Tobin. “It is patently unfair to treat disabled veterans the same as murderers and other criminals when it comes to appealing denied VA benefits. Why must disabled veterans with meritorious appeals be held to strict deadlines when the VA is allowed to take years or even decades to adjudicate a veteran’s benefits claim?”, Tobin added.

It is likely that the Supreme Court will make a decision on Mr. Henderson’s petition for review before it recesses for the summer.

As a service-connected quadriplegic veteran going on 43 years now, I’m the first to admit that I never thought much about Veterans’ Mortgage Life Insurance. I’ve been living in the same wheelchair-accessible house for nearly 30 years, so one might assume that my mortgage is nearly paid in full.

Not exactly. There was a legal separation and eventual divorce that happened 18 years ago, and to continue living in my accessible home, I had no better choice at the time than to re-finance my mortgage.

Then, after “flying solo” for the first 14 of those years, close friends re-introduced me to a beautiful lady I had seen occasionally in social situations over the previous 21 years. We were both single, and two years hence we were married.

Apart from being the luckiest man on the planet, not long after our wedding is when the U.S. economy started to tank, and among other reactions, mortgage interest rates began to come down. I had a relatively high rate in late 2008, with 12 years of payments remaining. By re-financing in January of 2009, I reduced my interest rate significantly enough that I was able to obtain a 15 year mortgage.

If I haven’t lost you yet, let me add that my new spouse is a bit younger than me, so my worries include the possibility that she will be left with a burdensome mortgage payment after my demise. Suddenly, Veterans’ Mortgage Life Insurance is very important to me, and I’m guessing to many more disabled veterans, too.

Sometime during the past couple of years, I also learned from a colleague that a service-connected vet whom we both knew passed on unexpectedly, reducing his family’s income to about 15% of what it was when our mutual acquaintance died.

However, there is hope. Two separate and significant increases in Veterans’ Mortgage Life Insurance (VMLI)—one to take place this year and the second in 2012—were included in the version of the Veterans’ Benefits Enhancement Act (H.R. 1037) that passed the U.S. Senate. Although H.R. 1037 has passed both the House and the Senate, final action awaits because of significant differences between the versions passed by each chamber. Please take a moment to write to your members of Congress and urge them to turn the bill as passed by the Senate into law as soon as possible. You will be protecting the future of families like mine if you do.

VetsFirst’s submission builds on our commitment to proactive advocacy on key issues that impact veterans with disabilities, their families and survivors. The five main advocacy areas include reforms to the VA claims system to address the claims and appeals backlog, improved access to health care, expanded employment opportunities for veterans, increased access to housing, and better supports for veterans’ families and survivors.

One of VetsFirst’s top priorities is to reform the VA benefits claims process. VetsFirst believes that implementing systemic reforms to the claims process is the key to ending the backlog. VetsFirst supports changes to both the manner in which claims are processed and the rules that govern claims adjudication. Without this two pronged strategy, the current problems will likely continue.

VetsFirst believes that there are some critical reforms that must be implemented to change the manner in which claims are processed. One of these reforms includes reorganization of the claims decision-making system so that each claim is processed by a single team that specializes in claims related to a particular disability. VetsFirst also believes that staff must receive increased training and that supervisors must be held responsible for continued patterns of error. Lastly, when evaluating employee performance, the quantity of claims processed must not overtake quality in importance or focus.

Although changes to the manner in which claims are processed must be implemented, VetsFirst also supports changes to the rules that govern claims adjudication. Specifically, VetsFirst believes that innovative approaches must he employed to create greater efficiency in both the procedural and substantive aspects of claims adjudication. An example of an innovative approach that VetsFirst believes should be explored is revising the evidentiary burdens of establishing entitlement to service connection. For example, removing the need to establish a nexus between the onset or aggravation of a disease, disability, or injury during active military services and medical evidence of a current diagnosis would remove a substantial burden from the veteran and the VA in the development of the evidence process.

VetsFirst will continue to pursue policies that ensure that veterans with disabilities are able to experience a greater sense of self-sufficiency and have access to needed services and benefits.

Stay tuned for more posts in the coming weeks exploring VetsFirst’s other advocacy priorities.

Almost 43 years ago while serving in the United States Marine Corps, I dove into a river and fractured my neck at the sixth cervical vertebrae. I was face down in the water unable to move anything for what seemed like an eternity. Then, buddies from my platoon pulled me up the river bank to safety.

After a total of 19 months of acute care at a military hospital and rehab at a VA Spinal Cord Injury Center, I was discharged to my parent’s home as a “quadriplegic work-in-progress.” I had some self-care skills, enough to return to the local university to work on a degree that was paid in full through the VA Vocational Rehabilitation program. It was, as it turns out, a great investment since I worked from 1972 through 2008.

I started working the same year I was married. I remember thinking many times long before the wedding, “where will we live?” Again, I turned to the VA and gathered information about their Specially Adapted Housing grant. It was determined that I was eligible for this program and my options, to me anyway, were either to build a wheelchair-accessible home from scratch or to purchase an existing accessible home that was up for sale.

I found that existing wheelchair-accessible home in an ad in United Spinal Association’s newsletter. It was located 15 minutes from my parent’s home. We purchased it using the Specially Adapted Housing grant as a more-than-adequate down payment. Our monthly mortgage payment was manageable, but this, too, was thanks in large part to the equity investment made in my behalf by the VA Specially Adapted Housing grant.

For most of my “wheelchair life,” I have lived in only two houses. I lived in my first home until 1980 when I moved to my brand new, somewhat larger current home. The real value to me has not been the appreciation of the value of these houses but having a home where I could function at my maximum ability, and from which I could come and go easily so that I was able to be a productive, employed disabled veteran for 36 years. Having a wheelchair-accessible home has played a large part in my life of fulfillment.

The VA Specially Adapted Housing grant helps many seriously disabled veterans obtain a suitable home so that they can complete their long road back to community and productivity.

This grant helped me immensely. Congress, grow this important benefit so that today’s newest seriously disabled veterans can own the home that they need to experience success in their lives.

Just the Facts:
As of October 1, 2009, the Specially Adapted Housing maximum allowable grant is $63,780. VetsFirst strongly supports H.R. 1169, which would provide a significant increase in not only this housing grant program but also the Special Home Adaptation grant program and the grant to purchase an automobile. Under this proposed legislation, the maximum allowable Specially Adapted Housing grant would be increased to $180,000. The legislation is currently being considered by the House Committee on Veterans’ Affairs.

For fiscal year 2011, which begins on October 1, 2010, the President is seeking $125 billion for the VA. Specifically, the President is requesting $60.3 billion for discretionary spending for the VA, which is nearly on par with the $61.5 billion called for by veterans service organizations in the Independent Budget (IB). Discretionary funding is mainly used for health care for veterans. The President’s budget request also includes $64.7 billion in mandatory funding, which is spending mainly for disability compensation and pensions for veterans.

One of VetsFirst’s top public policy priorities is to reform the VA’s benefit claims process to reduce the backlog. The President’s budget requests $2.149 billion for the Veterans Benefits Administration’s (VBA) operating budget, which is one of the few categories for which more was requested than was suggested by the IB. The 27 percent increase over the last fiscal year is intended to help reduce the claims backlog. In 2011, the VA estimates that veterans will submit 1,319,000 claims, which would be a 30 percent increase from 2009. The VA believes that hiring additional staff members and better business practices will help decrease claims processing times. The budget request also includes $145 million for the creation of a paperless claims processing system.

Unfortunately, increases in funding and staffing levels for the VBA have not yet been effective in reducing the backlog of claims and appeals. According to the Government Accountability Office, the VA has made only limited progress in recent years toward decreasing average claims processing times. Although VetsFirst believes that VBA must have the resources necessary to meet the current challenges, the VA claims process and substantive regulations and adjudicative principles must also be reformed.

As the budget process continues to move forward, VetsFirst will continue to advocate for the level of funding the VA needs and the strategies that must be adopted to efficiently and effectively address the challenges facing today’s VA. Both the Senate and House Budget Committees will create budget resolutions that must be voted on by their respective bodies. Once a concurrent resolution is agreed to that reconciles any differences between the House and Senate passed resolutions, each body will vote on the concurrent resolution. Although not law, the concurrent resolution provides broad spending guidelines for the appropriations process.

Click here for more information about the President’s fiscal year 2011 budget.

Heather Ansley
The VetsFirst Team