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.

VetsFirst believes that veterans with disabilities must have access to needed health care services through the VA health care system. Specifically, veterans must be able to receive accessible physical and appropriate mental health services, including long-term services and supports (long-term care). In order to adequately perform these services, Congress must ensure that the VA has the appropriate staffing and resource levels to provide these benefits to veterans of all eras and genders.

Despite efforts to link veterans to the VA health care system, a substantial number of veterans are accessing health care through community-based, non-VA, providers and services. VetsFirst believes that the VA must fully recognize the importance of veterans being able to receive a wide variety of services in their communities and develop robust partnerships to ensure that these services will be available to veterans when and where they need them. At the same time, however, the VA must find better ways to reach out to veterans to make them aware of the assistance available. Partnering with non-VA providers that also serve veterans with disabilities would help individuals to learn about the VA and receive all of the services that they are eligible for as people with disabilities.

Better access to health care will ensure that veterans are able to maintain their health and functioning, thereby reducing the need for long-term services and supports. When long-term services and supports are required due to disability or age, most people want to live in and be a part of their communities. Evolving the VA’s system of long-term care to one that is more focused on community supports, funded by the VA, will ensure that veterans are receiving services and supports in the least restrictive setting appropriate to their needs.

Lastly, VetsFirst believes that streamlining the transition from soldier to veteran is an important step in making VA health care services accessible. Although the care of servicemembers and veterans is divided between the DOD and VA, it is the responsibility of these agencies to ensure that individuals’ needs are seamlessly met. The DOD and VA must diligently work toward the development and implementation of an electronic records system for medical information and service-related documentation sharing that will help veterans in filing for VA benefits and receiving proper VA health care.

VetsFirst will continue to fight for access to health care and other services and benefits that are critical for veterans with disabilities.

In future posts, we will explore additional VetsFirst public policy priorities.

“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.

VetsFirst membership will embrace all generations of veterans, including those living with post-traumatic stress disorders, traumatic brain injuries, toxic exposures and those who are at increased risk of diseases (e.g., multiple sclerosis, ALS). It also supplies the veterans’ community with guidance on education and employment. In conjunction with United Spinal Association, VetsFirst provides legal representation in VA claims and appeals.

“VetsFirst will offer the same high level of service and personal approach it has become known for, while expanding to provide for the needs of veterans of the wars in Iraq and Afghanistan,” said Paul J. Tobin, president and CEO of United Spinal Association.

VetsFirst recognizes older era veterans are aging and their health and benefits needs are changing. Advocating and assisting women veterans and their particular health concerns are high priorities of VetsFirst.

“We’re serving a very large membership with our holistic approach. When their families are taken care of veterans recover faster. Extending membership to veterans’ families and others involved in their lives and well-being, distinguishes VetsFirst from other veterans organizations,” said Leonard Selfon, VetsFirst senior vice president.

One of the organization’s most unique offerings is ‘Ask VetsFirst’ (http://helpdesk.vetsfirst.org), a Web-based service that gives veterans an opportunity to get assistance with benefits-related inquiries on-line. Ask VetsFirst allows visitors to submit questions using an online submission form. A VetsFirst trained national service officer or attorney will then respond with information and resources to help resolve the inquiry.

Click here to join.

About VetsFirst – In partnership with United Spinal Association (www.unitedspinal.org), VetsFirst (www.vetsfirst.org) is a national 501(c)(3) non-profit membership organization. VetsFirst’s network of national veterans service officers and attorneys provide assistance and representation in securing health care, disability compensation, rehabilitation, education and other benefits for its members before the Department of Veterans Affairs’ and in the federal courts. Membership in VetsFirst is free.

The question before the court is whether the strict time limit for veterans and other claimants to appeal a denial of U.S. Department of Veterans Affairs (VA) benefits to the U.S, Court of Appeals for Veterans Claims (CAVC) can be extended if the claimant has a physical or mental disability that prevents him or her from filing an appeal in a timely manner. The outcome of this lawsuit will have an impact on the thousands of veterans and their dependents and survivors who file appeals with the CAVC each year.

The lawsuit, Henderson v. Shinseki, involves the question of whether the legal doctrine of “equitable tolling” applies to the 120-day deadline for filing an appeal to the CAVC. Equitable tolling allows courts to suspend a jurisdictional deadline like this one if it would be fundamentally unfair or inequitable to enforce it.

Under the law, an appellant who receives an unfavorable VA Board of Veterans’ Appeals (BVA) decision has 120-days to file an appeal with the CAVC. Since the CAVC only has jurisdiction to decide timely filed appeals of unfavorable BVA decisions, CAVC appeals received after the 120-day deadline has expired must be dismissed for lack of jurisdiction before the appeal is even considered.

For almost 20 years, both the CAVC and the Federal Circuit have allowed equitable tolling of the 120-day deadline based on the uniquely informal and non-adversarial nature of the VA claims process. That changed when the CAVC dismissed Mr. Henderson’s appeal of denied VA benefits because his notice of appeal to the court was received after the 120-day deadline had passed. His appeal was late because the very disability that he was claiming VA benefits for prevented him from filing a timely appeal.

The CAVC based its decision in Henderson on a recent U.S. Supreme Court decision, Bowles v. Russell. In Bowles, the Supreme Court refused to apply the equitable tolling doctrine to an appeals deadline in a criminal matter.

Since its decision in Henderson¸ the CAVC has dismissed more than 130 veterans’ appeals for untimely filing. Most of these veterans either suffer from physical or mental disabilities that prevented them from filing their appeals before the deadline expired, or they filed on time, but misfiled the appeal with the VA instead of the court.

VetsFirst has joined Mr. Henderson’s appeal to the Federal Circuit as an amicus curiae (friend of the court). The essence of VetsFirst’s legal argument is that the Supreme Court’s decision in Bowles does not preclude equitable tolling of the CAVC appeals deadline because of the informal, non-adversarial nature of the veterans’ claims process and the special relationship between the U.S. and its military veterans.

The appeals deadline in Bowles involved the appeal of a criminal conviction. However, the criminal justice system is so compellingly different from the pro-claimant VA claims system that to treat America’s disabled veterans in the same manner as convicted criminals is fundamentally unfair and inequitable. In law after law, Congress has consistently expressed its intent that disabled veteran claimants should be entitled to special consideration when it comes to matters of fairness and equity.

If the Federal Circuit accepts this argument and overturns the CAVC’s decision, veterans who appeal denied VA claims will have greater access to review of denied benefits in federal court.

Oral argument in the Henderson appeal has been set for September 8, 2009.

Read VetsFirst’s brief.

When you talk with Keith Reimers, regional service director for United Spinal Association’s VetsFirst (www.vetsfirst.org) program, one thing becomes acutely clear, he takes a great deal of pride in helping veterans receive the benefits and assistance they deserve.

Keith, a veteran of the United States Air Force and former staff sergeant in the Persian Gulf War, has been on board with United Spinal for over 17 years and is the driving force behind expanding the VetsFirst program on a national level; its mission: to directly serve the veterans and the military community by assisting and representing veterans and their family members in claims for benefits and services before the U.S. Department of Veterans Affairs, other Federal and state agencies, and providing legal representation before the U.S. Court of Appeals for Veterans Claims.

“I can get up to 15 inquiries a day from concerned veterans and their family members either by phone or through our ‘Ask VetsFirst’ (http://helpdesk.vetsfirst.org) program, which is a new Web-based service that gives veterans an opportunity to get assistance with benefits-related inquiries faster and more efficiently.

Each inquiry can take weeks to months to resolve, especially when it involves ongoing VA claims. Providing an online service greatly diminishes the time required and allows us to assist a greater number of veterans,” said Reimers, a native of North Tonawanda, New York who has been awarded numerous decorations during his military career, including the Southwest Asia Campaign Medal with two bronze stars.

According to Reimers, many inquiries involve basic information such as how to file claims or how to approach VA compensation exams. However, some questions he admits can get very complex, as the VA claims process is often confusing and frustrating.

“We try to offer more than the usual generic, short responses to questions. I don’t like to work that way. When a vet or their family member contacts me with an issue, it’s important to make them feel comfortable, put them at ease, and let them tell their story. Although it may take longer, a personal approach always works better,” Reimers said.

In addition to providing individual support and counseling services, VetsFirst offers timely news and information across the spectrum of issues presently impacting veterans. Although there are a multitude of resources just a click away through the VetsFirst Web site’s Knowledge Books — including guides on self-help, state benefits, separating from the military; and exclusive information on military health care, and VA funding and compensation –there is always an expert available to answer the tough questions.

“That’s primarily where the Ask VetsFirst portion of our Web site comes into play,” Reimers added, explaining that this is one of the key features that make the program so different from those offered by other service organizations and an invaluable tool.

Ask VetsFirst allows visitors to submit questions on any aspect of veterans’ benefits using an online submission form. A VetsFirst trained national service officer or para-legal will then respond with information and resources to help resolve the inquiry.

“The program has really started to take off. We are always adding exclusive content to the Web site, to increase the knowledge-base available to veterans. And we are making incredible progress on a national level. There are many veterans that are truly appreciative of what we are doing. And that makes the job extremely satisfying,” Reimers said.

When he is not filing claims or answering inquiries at United Spinal’s field office at the Naples Veteran’s Affairs Medical Center in Naples, Florida, Keith is visiting VA and private sector hospitals, meeting with returning servicemen and women, and attending hearings on veterans issues.

Keith has been responsible for many success stories involving our Nation’s veterans over the years, including Dustin Jones, a young quadriplegic with a traumatic brain injury whose health was deteriorating while being hospitalized at the spinal cord injury unit at the Augusta VA Medical Center. Dustin’s parents, Rick and Mary Jones sought assistance from VetsFirst hoping it could help his situation. They described how Keith went above and beyond their expectations to ensure their son received quality care.

“Keith was instrumental in getting us [initially] from the University of New Mexico hospital to the Augusta VA and then, when the care was not at all optimal for spinal cord injury, guided us in getting our son to the Tampa VA where he should have been in the first place. He had the representative in the Tampa area check on the status of getting my son a bed and continued to monitor the progress of the move. When we did finally arrive, the representative was there to make sure we had what we needed and that all was OK. We felt safe, cared for, and secure knowing they were there for any questions or needs we had. They always shared what the VA was supposed to offer and made sure they did,” said Mary Jones.

Jones believes that if it wasn’t for Keith’s intervention into her son’s treatment and rehabilitation, his outcome may have been a lot worse.

“Dustin left Augusta with a 10-inch bedsore all the way to the bone. They had no knowledge of vent rehab/weaning and the nurses/therapists seemed to be afraid to move him… which left him with a right arm contracture. As a result he has had a cast for the past 3 months trying to get it straight again so he can begin rehab…Dustin’s doctor, although nice was, an 83 year-old pediatrician,” she added.

“After getting to Tampa we realized there is a whole subspecialty in medicine for SCI. Knowing that and looking back at some of the treatments/surgery he received, we realized they had no idea of what they were dealing with. Keith told us that it may take a long time, but he felt that we should be reimbursed for the $9,500 flight from Augusta to Tampa. We appreciate all that he has done as well as the others we met in Tampa. If I had known that Tampa VA had one of the best facilities for Spinal Cord Injury care, I would never have wanted them to move Dustin to Augusta…He lost valuable recovery time. At first he was bitter about it, but I assured him that because of this [situation] and Keith, many others in the future would hopefully get better care. He has seemed to let the past go and looks forward to moving forward,” Jones said.

Joy Starke, a resident of the Bronx, New York and veteran of the U.S. Army who served from 1996-1999, was introduced to VetsFirst through a VA workshop at Lehman College. At the time, Starke was dealing with numerous medical complications that had persisted after her discharge from active duty. She had undergone 7 different foot procedures, including reconstructive surgery, as well as treatment for a cyst. Starke was receiving 10 percent disability compensation from the VA and had petitioned for an increase, but was denied.

“I had basically given up hope after being denied by the VA. I emailed VetsFirst to see if they could do something and I got a response from Keith in less than 2 hours. He dove right in to my case and referred me to a representative at the Manhattan field office,” she said. “VetsFirst is now petitioning on my behalf for an increase in disability compensation.”
Starke explains, “The VA is supposed to help veterans in need of treatment and care, but this may not always be the case, that’s why it is important to get assistance from a third party. We all need a voice to fight for us. If I knew about VetsFirst when I initially petitioned the VA I may have already received compensation. The staff has been extremely thorough and is always following up and offering information on the claims process.”

Currently, Keith and Len Selfon, senior vice president of VetsFirst, are in the process of recruiting and training more national service officers to assist in further expanding the program, so that their program can help other veterans struggling to receive VA compensation and benefits.

For more information on the VetsFirst program, please visit www.vetsfirst.org. Veterans who need counseling about VA claims and benefits, please submit a request to Ask VetsFirst at: http://helpdesk.vetsfirst.org/

(Washington, D.C., February 25) – United Spinal Association and its veterans services program, VetsFirst, in partnership with Vietnam Veterans of America introduced the Veterans Health Council at a press conference today at the National Press Club.

The Veterans Health Council hopes to improve veterans’ health by creating an ongoing educational forum for health care professionals, advocacy organizations, educational institutions, employee representatives, businesses, state and local governments and veterans themselves.

Approximately 80 percent of veterans do not use the Department of Veterans Affairs’ (VA) medical facilities for their health care. Many of these veterans are simply unaware that they may have health problems related to their military service that would entitle them to VA health care, as well as disability compensation and other VA benefits.

United Spinal Association President and CEO Paul J. Tobin said, “There has been a desperate need for the Veterans Health Council for a long time. Veterans must be informed about health risks related to their military service and the VA health care that is available to them.”

Tobin added, “We need to educate healthcare communities about the multiple health issues associated with military service, so that they can better identify, diagnose and treat at-risk veterans. We must also develop educational materials for medical schools, nursing schools, teaching hospitals and related entities along the same lines. Besides its educational functions, the Council will also advocate on behalf of healthcare initiatives for veterans.”

The Veterans Health Council is the first comprehensive collaboration between veteran’s service organizations, private sector businesses and nonprofits dedicated specifically to the welfare of veterans and their families.

The Veterans Health Council website provides information on health conditions associated with military service, links to healthcare websites related to specific diseases and general information about the VA claims process.

Veterans and other claimants for VA benefits can contact VetsFirst with questions about VA benefits, health care and to request representation from our accredited veterans service representatives by accessing the “Ask VetsFirst” service.

About United Spinal Association
United Spinal is a national 501(c)(3) non-profit membership organization formed in 1946 by paralyzed veterans and is dedicated to improving the quality of life for all Americans with spinal cord injuries, multiple sclerosis, spina bifida, ALS and post polio. We have played a significant role in writing the Americans with Disabilities Act, and other important legislation. For over 60 years we have provided vital and life enhancing services and assistance to disabled veterans and their families. Membership is free and is open to all individuals with spinal cord disorders.

VetsFirst, a program of United Spinal Association, is the embodiment of United Spinal’s veterans service program.

For more information contact:
Len Selfon
Senior Vice President
United Spinal Association VetsFirst
301-495-4460, Lselfon@unitedspinal.org

It is often difficult for us to render into words the gratitude and pride that we feel toward our Veterans. Though words may not always do justice to our true emotions, they ring with clarity and capture the essence of our feelings when offered with sincerity from the heart.

The following heartfelt writings were submitted by VetsFirst donors. They express what we all feel toward our veterans and men and women serving in the military.

America’s First
By Betty K.

The Navy and Army, Marines and Air Force too
America’s Coast Guard, all have their jobs to do
The best of USA, our service personnel
With pride in their country, they’d march forward through hell

Each stands ready to serve, whatever it may be
To defend our freedom, or help across the sea
Wherever duty calls, on water. air or land
Our soldiers are prepared, for war or helping hand

Some serve in foreign lands, so far away from home
Loved-ones must let them know, that they are not alone
To come home is joyful, for some it’s not to be
They are forever gone, they died for their country

We honor veterans with their own special day
We cherish those brave souls, with more than words can say
We all salute our vets, both dead and those alive
With those brave souls of ours, our country will survive.

Soldiers
By Misty L.
Dedicated to the American soldiers, past and present, for their courage, honor, and dedication in protecting our nation. Thank you and God be with you.

They are born from all races,
And colors of skin.
They are born into brotherhood,
No boundaries within.

They are men and women,
From all ends of the earth.
They are sisters and brothers,
Not tied by their birth.

They are each their own person,
Yet they stand as one.
They march into battle,
Until the battle is won.

They protect the walls of our country,
That we may sleep at night.
They are trained to be heroes,
They are trained to fight.

To fight for our freedom,
As much as their own.
To fight for their country,
Of mortar and stone.

They stand tall with dignity,
Honor and pride.
They chose to be soldiers,
So we need not hide.

They are American soldiers,
With each living breath.
They are American soldiers,
Even after their death.

And unto these soldiers,
My life is in debt.
They have given me choices,
I will never forget.

Without them I would not be here,
With tears in my eyes.
Thanking God for their courage,
Of risking their lives.

Thanks be to the soldiers,
Of this nation, my home.
And know in your hearts,
You are never alone.

Certain injured service members with limited mobility would benefit from these extraordinary animals while they remain on active duty. He is proposing a two-year pilot program to test the concept.

What do you think?

Some background on dogs in the military:
There are already a few dogs who have been deployed to Iraq as therapy dogs:

Says Major Stacie Caswell, commander of the 85th Medical Detachment, “Dogs have been the unsung heroes of our war efforts. Bringing therapy dogs into Iraq will take dogs to the next level on the battlefield. The therapy dogs will be another method that our Combat Stress teams can use to break down mental health stigma and assist soldiers.”
You can read this entire story at http://www.vetdogs.org/.