By Jim Vines | jim.helpingveterans@gmail.com
Last May the VA lost its three-year case fighting against Veterans for Common Sense. However, a recent appeal by the VA could unwind all that.
The May ruling by the 9th Circuit Court of Appeals told the VA to pull its act together and stop denying disabled veterans their constitutional right to due process and unlawful government denial of property.
The VA is coming back swinging and the hope is that Veterans for Common Sense is able to hold its ground.
The win against the VA is huge. If the Super Committee makes deep cuts to veterans benefits, a constitutional win like this could ensure veterans still get the benefits they deserve.
The issue is Veterans for Common Sense wanted help from the court to force the VA to provide the care it is legally required to provide veterans suffering from PTSD. The court held that the VA’s delays were egregious and violated veterans rights. The court stated: “The VA’s unchecked incompetence has gone on long enough; no more veterans should be compelled to agonize or perish while the government fails to perform its obligation.”
Veterans have constitutional rights to health care and benefits, according to the court. The VA is not happy and believes the court should not have any power to order the VA to do its job and deliver the services to which veterans are entitled.
Unfortunately, on Nov. 16, the 9th Circuit Court of Appeals decided to allow the Department of Veterans Affairs to appeal its recent loss, “en banc.” This means all 11 judges will preside over oral arguments for both sides. Oral arguments have been set for December. Who knows how long the new decision will take to be announced.
On a brighter note, the president has signed the VOW to Hire Heroes Act into law! There are several provisions in the law that will have a positive impact on the veteran unemployment rate. The most often reported of these are tax credits for employers who hire veterans and wounded warriors, $5,600 veteran and $9,600 disabled veteran.
There is one provision that is not being widely reported that will come as great news to unemployed veterans over the age of 35, a new chance at the Montgomery GI Bill. The pre-9/11 veterans who often feel as if they have been forgotten may soon qualify for as much as $17,600 for education and training. This benefit can be used for finishing up a college degree, certification, vocational training, on-the-job-training and more.
This new benefit could help about 60 percent of the current 850 thousand unemployed veterans. To qualify, veterans must be 35-60 years old, unemployed, and not currently enrolled in a state or federal job training program. For further information contact state veterans representative Robin Greer at (817) 573-4282 or veterans service officer Lee Downs at (940) 325-2998.
AmVets welcomes nine new members. Johnny Coker, Mark Engebretson, Sal Trandicosta, Ret. Lt. General Rick “Tex” Brown, Wayne Newby, Paula Presnell, Bobby Jack Hickey Jr., Rev. C.J. Davis, and Sarah Gagliardo.
Speak to you again next week.
Jim Vines is commander of AmVets Post 133 in Mineral Wells.
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VA in legal battle over veterans benefits
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