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Frustrations mount as VA opposes bills that lawmakers insist would help veterans

House Veterans Affairs Subcommittee on Disability Assistance and Memorial Affairs discuss measures on disability claims, cemetery funds, and law clinics.

WASHINGTON — For many years, Veterans Service Organizations like the American Legion and the VFW relied upon the so-called "48-hour rule." It gave those organizations that amount of time to appeal Department of Veterans Affairs' final benefits ratings determinations.

That is, until this past April when the VA eliminated the waiting period. 

The "Veterans Claims Transparency Act" would return the 48-hour waiting period until a claims decision if officially finalized.

"Our VSO partners came to us to express strong desire to have this privilege restored," said Rep. Elaine  Luria (D-Virginia, 2nd District). "And I'm still lacking in understanding your argument as to why the VA opposes the opportunity for VSO's to help veterans as much as possible."

A VA representative testified that the department believes restoring the waiting period would only help about 30 percent of claimants, would slow down the overall determination process, and is "outdated and legally suspect."

The bill's sponsor wasn't happy.

"The V.A.'s testimony in opposition to my bill, 7443, is in my opinion wholly inadequate and very hard to make much sense," said Rep Colin Allred (D-Texas). He called the department's rationale "nonsense."

And that wasn't the only disagreement at Thursday's House Subcommittee on Disability Assistance and Memorial Affairs hearing. The "Fairness for Local Cemeteries Act" would direct the VA to set aside funds to assist county veterans cemeteries in four states where there are no state cemeteries.

"We must ensure our veterans' burial needs are met," said Rep. Anthony Delgaudo (D-New York).

Again, the VA said it was in opposition to the idea.

"VA does not believe that a county-level approach to grants provides long-term stability of the program," said Matthew Sullivan, Department of Veterans Affairs Deputy Undersecretary.

Finally, there was the "Veterans Legal Support Act" allowing the VA to provide financial support to college law school clinics that help veterans with their disability claims submissions and appeals.

"[There are] 400,000 veterans are waiting for their disability claims to be processed by the VA," said Del. Eleanor Holmes Norton (D-District of Columbia). "With the assistance of lawyers and law professors, clinics provide free legal resources to assist veterans with benefits and other needs."

The VA's Sullivan replied: "The VA shares the goal of increasing access to service." But, he added, the department opposes this bill because the law clinic grant money would come from a medical services account, which he said, "is beyond the scope of care for eligible veterans."

Committee members repeatedly expressed frustration. Ranking member Rep. Mike Bost (R-Illinois) said he felt broadsided, calling the department's behavior, "pretty unprofessional."

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