For decades, Stars and Stripes has been a trusted news source for active and former military around the world and the “official newspaper” for the military community. The paper has forcefully condemned charlatans not licensed by the U.S. Department of Veterans Affairs who prey on veterans by claiming to help them apply for VA benefits in exchange for exorbitant fees. I am concerned that what appears to be an editorial on stripes.com about the injustice of racial discrimination written by Donato Clay of the Veterans Benefits Group, a for-profit, not licensed by the VA, is actually an advertisement for a company not authorized to represent veterans at the VA, charging exorbitant fees for unauthorized services.
The problem of racial bias in disability benefits that Clay writes about is very real, and my organization, the Connecticut Veterans Legal Center, has found that it begins during military service, resulting in higher rates of dishonorable discharges among black service members. We work closely with the Yale Law School Veterans Clinic, which represents Conley Monk in its lawsuit against the VA for discrimination, and Monk’s organization, the National Veterans Legal Relief Council, to provide free legal help from VA-certified attorneys to help veterans access their benefits.
While the case of Monk v. United States is still pending, the Yale Law School Veterans’ Clinic won a major victory when Judge Underhill of the U.S. District Court for the District of Connecticut denied the government’s motion to dismiss the case.
This lawsuit raises issues of racial discrimination and inconsistencies in the VA benefits system that should be covered in Stars and Stripes, but Mr. Clay appears to be using it to attack a completely unrelated issue: the VA certification process. To my knowledge, Mr. Clay has no involvement in this lawsuit.
Obtaining VA certification is relatively easy: lawyers submit a registration form to the VA, demonstrate that they are in good standing with their state bar in the case of attorneys, and maintain certification by taking three hours of continuing legal education within the first 12 months and three hours of continuing legal education every two years thereafter. Non-attorney Veterans Service Officers (VSOs) must pass the VSO exam and background check.
Most VSOs work for nonprofit organizations such as the Veterans of Foreign Wars, the Wounded Veterans of America, and state and county governments, providing assistance pro bono. I am certified, as are all CVLC attorneys who provide assistance with VA benefits, and all private practice attorneys who volunteer with CVLC to provide pro bono assistance to clients. The VA makes it easy to find certified attorneys and VSOs using their certification search tool.
VA certification limits what and when a veteran can claim for assistance. Assistance by a non-lawyer VSO is always free. Certified attorneys can only charge a fee if they help you appeal the VA’s initial decision. In that case, the fee must be reasonable according to VA guidelines and is determined based on the amount of work the attorney performed, not the amount of disability benefits.
VA certification is a safeguard for veterans to ensure that agents have the veteran’s interests first, are of good moral character, and are not trying to exploit a veteran’s disability to gain benefits. Anyone who submits an application, takes an exam, and passes a background check can become certified. Clay has expressed serious concerns about the VA claims process, but agent certification is not one of those concerns.
Allison Weir is a retired Air Force officer, attorney, and executive director of the Connecticut Veterans Legal Center.