The Veterans Equal Treatment for Service Dogs Act (H.R. 1154), was approved as an amendment to another bill, which recently passed the House. This amendment will ensure that all veterans with disabilities who use service dogs are able to access VA facilities.

“This is an important legal clarification for every veteran who uses a service dog,” says John Carter, co-chairman of the House Army Caucus who introduced The Veterans Equal Treatment for Service Dogs Act. “When this becomes law, veterans will have the unquestioned right to use their medical service dog in VA facilities under the same rules as those acknowledged for seeing-eye dogs. This is already the practice in many facilities today through administrative policy, but this law permanently codifies those policies in all facilities.”

In the past, the only dogs fully-protected by law to enter all VA facilities were guide dogs, which are used by people with vision problems. The VA has left it up to each facility’s discretion whether or not to permit access to service dogs.

A few months ago, VetsFirst reported on one U.S. Army veteran’s frustration of being turned away from a VA facility because of his service dog. Kevin Stone was denied Inpatient Services at Charlie Norwood VA Medical Center in Augusta, Georgia and missed important medical appointments because officials said his dog Mambo presented too many risks to let in.

For many veterans like Stone, service dogs are critical to greater quality of life and independence. Service dogs are beneficial to veterans living with a variety of disabilities, including hearing loss, traumatic brain injury, seizures, and mobility issues. VetsFirst believes that exempting guide dogs but not service dogs from VA property will lead to unequal protection for veterans and all people with disabilities.

The advocacy efforts of Congressman Carter, VetsFirst, AMVETS and others, was instrumental in the VA releasing new directives this past Spring in an attempt to resolve access issues. Each VA medical center now has a service dog policy that veterans may request.

We would like to know what you think of the policies and if you are hearing of any problems. VetsFirst will continue to fight to ensure that access is not a problem for veterans.

Heather Ansley, Esq., MSW
Director Veterans Policy
VetsFirst, a program of United Spinal Association

Further Reading:

Service Dogs-A Veteran’s Best Friend

VetsFirst Joins Congressman John Carter to Introduce Veterans Equal Treatment for Service Dogs Act

Despite the torrid 103 degree heat and the soaking late afternoon thunderstorms, a few weeks ago my wife, Daisy, who is my caregiver, and I travelled to our Nation’s Capital. We accompanied Ms. Heather Ansley, VetsFirst’s director of Veterans Policy, on a two-day visit to my representatives and to key members of the Veterans Affairs Committee in the House of Representatives.

All of these individuals play an important role in helping to improve the quality of veterans’ lives, so it was good to have the opportunity to not only discuss the work of VetsFirst and what we are trying to accomplish, but the concerns of the brave men and women we serve.

We met with staff members of Senators Chuck Schumer and Kirsten Gillibrand and Congressman Eliot Engel of New York, who are my representatives in Washington. We also met with staff of Congressman Marlin Stutzman of Indiana, who chairs the Subcommittee on Economic Opportunity of the House Veterans’ Affairs Committee; with staff of Congressman Jon Runyan of New Jersey, who chairs the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans’ Affairs Committee; and with staff of Congresswoman Ann Marie Buerkle of New York, who chairs the Subcommittee on Health of the House Veterans’ Affairs Committee.

In general, I believe that we were very well-received by the staff members to whom we spoke, whether Democrat or Republican.

During all of these important meetings, we began by providing a folder to each staff member that included printed information about VetsFirst and the services that we provide to our members, as well as a short list of our “Policy Priorities” for the current year. Also included in the packet were position papers on reform of the VA’s benefits claims process, and in support of passage of the Veterans Equal Treatment for Service Dogs Act.

Ms. Ansley and I began our visits by telling each staff person about VetsFirst, including our history that goes all the way back to 1946. We also discussed our network of accredited and trained National Service Officers and our information-filled Website with its very popular “Ask VetsFirst” feature. We emphasized VetsFirst’s focus of helping our members become re-integrated back into their communities.

On the House side, we pushed for the passage of H.R. 2433, the Veterans Opportunity to Work Act. We also pushed adoption in the House of the Veterans Equal Treatment for Service Dogs Act (H.R. 1154) because the Senate has already passed its version of this bill.

Since both Congressman Engel and Senator Schumer are also in a position to try to keep Medicaid program cuts to a minimum, and since VetsFirst has some members who served honorably during peacetime periods but sustained disabling injuries afterwards that forced them to rely on Medicaid home care services, we asked both their staff members to remember that many seriously disabled peacetime vets rely heavily on Medicaid help.

We also urged everyone with whom we met to consider that many pre-9/11 disabled vets like myself rely heavily on their caregivers to live productive lives, too, so that when enhanced caregiver benefits are enacted into law, they must be extended to veterans with significant disabilities from all previous wartime periods of service.

Now that the all-consuming battle of the debt ceiling is over, VetsFirst will renew its efforts to have all of our veterans’ benefits policy priorities enacted into law.

Terry Moakley
Chair of the VetsFirst Committee

VetsFirst continues to advocate for the rights of veterans with disabilities who use service dogs.

These canines are not only lovable and loyal companions, they provide a variety of benefits to veterans. Specifically, service dogs promote community integration and improved quality of life and independence.

In addition to performing tasks such as pulling a wheelchair or opening a door, these highly trained animals can also help break down barriers between veterans with disabilities and society. Service dogs also help many veterans reintegrate into civilian life.

There are two key pieces of legislation on the table supported by VetsFirst that will benefit veterans across the country––the Veterans Dog Training Therapy Act (H.R. 198) and the Veterans Equal Treatment for Service Dogs Act (H.R. 1154). VetsFirst has submitted congressional testimony in favor of the passage of both bills.

The first bill, the Veterans Equal Treatment for Service Dogs Act, introduced by Congressman John Carter, R-Texas, would ensure that all veterans with disabilities who use service dogs are able to access VA facilities.

VA regulations currently state that, “Dogs and other animals, except seeing-eye dogs, shall not be brought upon property except as authorized by the head of the facility or designee.”

Exempting guide dogs but not service dogs from VA property will lead to unequal protection for veterans and all people with disabilities. Further, allowing the use of service dogs to vary by VA facility has resulted in veterans encountering different access policies based on the discretion of the individual facility directors.

The second bill, the Veterans Dog Training Therapy Act, introduced by Congressman Michael Grimm, R-N.Y., would create a pilot program to determine whether veterans with post-deployment mental health concerns, such as post-traumatic stress disorder could benefit by participating in the training of service dogs for fellow veterans. VetsFirst has advocated that VA work with accredited service dog agencies and trainers that can provide appropriate training and consultation in developing the pilot.

Many veterans find working with animals to be extremely therapeutic. But there has been opposition to the bill, most notably from the VA Principal Deputy Undersecretary for Health Dr. Robert Jesse, who has stated the bill is “unworkable”, explaining that it would require the evaluation of a large and very detailed list of factors, many of which cannot be measured.

VetsFirst feels, however, the positive impact that helping to train service dogs for fellow veterans with disabilities will have on veterans dealing with mental health concerns outweighs any negative ones.

Social Security reform would impact over one-third of America’s 54 million current beneficiaries who are either veterans or family members living with them, such as their spouses.

Of the 13 to 14 million veterans––or 6 in 10––who are not Social Security beneficiaries, the vast majority will become beneficiaries in the future.

Terence Moakley, a board member at United Spinal Association and chair of the VetsFirst Committee, contributed his personal story to the report, detailing how Social Security has played a vital role in his life.

Moakley, along with other individuals who shared their experiences in the report, demonstrates Social Security’s longstanding importance to the well-being of Americans who serve our nation and their families.

Their stories underscore that:

• Social Security is essential to veterans and their families.
• Social Security’s disability and life insurance protections are especially important to those who place themselves in harm’s way in service to the country.
• Every dollar counts; even small Social Security benefit cuts would mean real sacrifice in basic necessities and quality of life.
• Political leaders should restore fiscal discipline without going back on this country’s promises to veterans, including the promise of Social Security.

The report quotes the following by President George Washington, “The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive veterans of earlier wars were treated and appreciated by our nation.”

Moakley specifically documented how Social Security’s disability benefits enabled him to return to school and regain economic self-sufficiency for over 30 years. Now 66, he resumed Social Security disabled worker benefits at age 63 because his condition worsened, and his wife and 14-year-old daughter received Social Security as his dependents.

The following organizations partnered with Social Security Works for the report: American GI Forum; Blinded Veterans Association; Gold Star Wives of America; National Association of American Veterans; National Military Families Association; Paralyzed Veterans of America; Union Veterans Council-AFL-CIO; VetsFirst, a program of United Spinal Association; Vietnam Veterans of America; and VoteVets.org.

In her written testimony to the Subcommittee on Economic Opportunity Committee on Veterans’ Affairs U.S. House of Representatives, Heather L. Ansley, Esq., MSW, director of Veterans Policy at VetsFirst/United Spinal Association explained how VR&E services provide veterans with service-connected disabilities the opportunity to return to or remain in the workforce.

The opportunity to participate in the workforce is critical because employment provides people with both financial and social benefits that contribute to an enhanced sense of one’s life’s purpose.

VetsFirst believes that VR&E services are critical to veterans with disabilities and their efforts to work and live independently. A significant number of veterans, however, do not successfully complete their rehabilitation plans.

Because the services provided by VR&E are critical to ensuring that participants successfully complete and excel in their rehabilitation, sufficient financing must be available for the VR&E program.

For example, eligible veterans should not be delayed or hindered due to VR&E staffing limitations. In addition, veterans who are pursuing “employment only” tracks should be able to receive a monthly subsistence allowance to ensure that they are not deterred due to lacking the financial assistance that would allow them to fully benefit from VR&E services.

Other barriers that challenge VR&E’s mission to focus on the employment of veterans with service-connected disabilities who have “employment handicaps” should also be eliminated. Specifically, the 12-year delimiting period to apply for VR&E services and the yearly cap for independent living services must be removed.

Furthermore, VR&E must continue to increase collaboration with other agencies and organizations that provide employment and rehabilitation assistance, including state vocational rehabilitation agencies, to ensure that veterans have access to a full range of services.

VetsFirst believes that addressing barriers to successful completion of veterans’ rehabilitation plans will allow more veterans with service-connected disabilities to fully benefit from VR&E services, actively engage in and be a part of their communities, and regain financial stability.

A PDF of Ansley’s full report can be viewed here.

You can also access the video from the hearing, by visiting
http://veteransaffairs.edgeboss.net/wmedia/veteransaffairs/2011/110331.wvx.

Our public policy priorities reflect our support of services that allow veterans with disabilities to fully reintegrate into their communities and remain with their families. We believe that reintegration includes the opportunity to participate in meaningful, accessible employment.

In order to ensure veterans’ success in these efforts, VetsFirst is promoting four broad themes through our public policy priorities. These four themes are: fostering community integration and independence, ensuring timely access to quality VA health care and benefits, recognizing the sacrifices of our families and survivors, and promoting the rights of veterans with disabilities within the VA and throughout the world.

Already this year, VetsFirst has been promoting these themes through our advocacy in Washington, D.C.

For example, VetsFirst has advocated for improved implementation of new VA services for certain caregivers of veterans with disabilities and expansion of those services to caregivers of veterans of all eras. VetsFirst has also been advocating for equal access for veterans with disabilities using service dogs at VA facilities.

VetsFirst will continue to advocate for these issues. We will also advocate against efforts to reduce VA benefits and services and seek improved programs for veterans and their families.

For more details on VetsFirst’s public policy priorities, please visit:
www.vetsfirst.org/public-policy-priorities/

Overall, VetsFirst is pleased with the President’s budget request of approximately $132 billion which demonstrates his commitment to ensure that the VA has the resources it needs to provide health care and compensation benefits to our nation’s veterans.

The President’s request includes approximately $62 billion in discretionary spending, which mainly funds medical care for veterans. The Independent Budget, which is supported by VetsFirst and other veterans service organizations to guide policymakers in developing an adequate health care budget, calls for $65.3 billion in discretionary spending.

VetsFirst is concerned, for example, that the limited amount of funding requested by the VA for major constructions projects ($589.6 million) may not be sufficient to ensure access to VA health care services for all veterans with disabilities. Specifically, the Independent Budget recommends $2.2 billion for major constructions projects.

In addition to the request for fiscal 2012, the President requested $41.4 billion in advance appropriations for medical services for fiscal 2013. The lack of a budget for fiscal 2011 has demonstrated the importance of having an assured level of funding for health care beyond the current fiscal year to ensure that veteran’s health care will not be disrupted.

The VA’s priorities for fiscal 2012 include eliminating veteran homelessness, expanding access to benefits and services, and reducing the disability claims backlog. Although not listed as a priority by the VA during its briefing, the budget request also includes $208 million to fund the implementation of new caregiver benefits under the Caregivers and Veterans Omnibus Health Services Act of 2010, which was strongly supported by VetsFirst.

As the budget process moves forward, VetsFirst will continue to advocate for the level of funding needed to support the programs and services that our veterans with disabilities and their families deserve.

The Senate Committee on Veteran’s Affairs will be chaired by Senator Patty Murray (D-WA). The House Committee on Veteran’s Affairs will be headed by Congressman Jeff Miller (R-FL).

Despite the challenges presented by the current fiscal crisis, VetsFirst believes that we must not sacrifice the VA health care and benefits that are critical to ensure that veterans with service-connected disabilities from the wars of all eras remain independent. Instead, we must look for opportunities to better serve the men and women who have sacrificed for our nation.

For our part, VetsFirst will be releasing our 2011 public policy priorities in the coming weeks.

In the meantime, VetsFirst urges you to contact your members of Congress to let them know that veterans benefits and health care must not be reduced in an effort to resolve the budget deficit.

VetsFirst will continue to make sure that our veterans and their families receive the benefits they have earned.

VetsFirst believes that by focusing on the needs of homeless veterans, many of whom have disabilities, more veterans with service-connected disabilities will receive the benefits and services needed to allow them to successfully reintegrate into their communities.

Access to VA disability compensation can provide critical financial resources for veterans with disabilities that are connected to their service. As a result, the VA must provide information about programs available to help veterans who are homeless to all community-based organizations that work with people who are homeless. Many community-based organizations are stretched to near breaking in their efforts to provide services. The resources available from the VA must be accessible to those who are on the front lines of this battle. The VA must also develop a variety of materials to educate providers about the special needs of homeless veterans.

Furthermore, the VA must ensure that veterans who contact the VA are made aware of community programs that can be of assistance. Programs available through other federal, state and local agencies may provide additional, immediate resources that could further assist veterans. These types of resources, including emergency services, are also important to preventing veterans from becoming homeless.

Ending homelessness among veterans will be a continuing battle to ensure that those who are able to receive needed supports are able to reintegrate into their communities and that robust interventions are in place to prevent additional veterans from becoming homeless. The VA must also continue to evolve to meet the changing face of homelessness and the unique needs of today’s veterans, including the increasing number of women who are serving and the prevalence of traumatic brain injuries among returning servicemembers. Unless homelessness remains at the forefront of program efforts for the foreseeable future, budget cuts and societal indifference could result in a return to homelessness for many veterans.

Just the facts: VetsFirst supports legislation that will provide the resources and tools needed to eliminate homelessness for veterans, including the Homeless Veterans and Other Health Care Authorities Act of 2010 (S. 1237), which includes provisions of the Zero Tolerance for Veterans Homelessness Act of 2009 (S. 1547), and the End Veteran Homelessness Act of 2010 (H.R. 4810), which includes provisions from H.R. 2504; Help Our Homeless Veterans Act (H.R. 2559), as amended; H.R. 2735, as amended; and H.R. 3906.

“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.