OVERSIGHT HEARING ON THE ROLE OF 

NATIONAL, STATE, AND COUNTY

 VETERANS SERVICE OFFICERS IN

 CLAIMS DEVELOPMENT

Hearing

before the

Committee on Veterans’ Affairs

House of Representatives

Subcommittee on Disability Assistance 

and Memorial Affairs

one hundred ninth congress

JULY 19, 2006

Printed for the use of the Committee on Veterans’ Affairs

Serial No. 109-61

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29-565.PDF

Second session
Committee on Veterans’ Affairs

Steve Buyer, Indiana, Chairman

Michael Bilirakis, Florida Lane Evans, Illinois, Ranking

Terry Everett, Alabama Bob Filner, California

Cliff Stearns, Florida Luis V. Gutierrez, Illinois

dan burton, Indiana Corrine Brown, Florida

Jerry Moran, Kansas Vic Snyder, Arkansas

richard H. baker, Louisiana Michael H. Michaud, Maine

Henry E. Brown, Jr., South Carolina Stephanie Herseth, South 

Jeff Miller, Florida Dakota

John Boozman, Arkansas Ted Strickland, Ohio

Jeb Bradley, New Hampshire Darlene Hooley, Oregon

Ginny Brown-Waite, Florida Silvestre Reyes, Texas

Michael R. Turner, Ohio ShellEy Berkley, Nevada

John Campbell, California Tom Udall, New Mexico

BRIAN P. BILBRAY, California John T. Salazar, Colorado

JAMES M. LARIVIERE, Staff Director

Subcommittee on Disability Assistance

and Memorial Affairs

Jeff Miller, Florida, Chairman Shelley Berkley, Nevada, 

Jerry Moran, Kansas Ranking

Jeb Bradley, New Hampshire, Vice Chairman Tom Udall, New Mexico

Ginny Brown-Waite, Florida Lane Evans, Illinois

 

PAIGE MCMANUS, Subcommittee Staff Director

(II)
CONTENTS

July 19, 2006

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Oversight Hearing on the Role of National, State, and County

Veterans ...................................................................................

OPENING STATEMENTS

Chairman Miller .........................................................................

Hon. Shelley Berkley, Ranking Democratic Member ..............

Prepared statement of Ms. Berkley ..........................................

statementS for the record

Hon. Ginny Brown-Waite ...........................................................

Doran, James W., National Service Director, AMVETS ..........

Basher, George P., Director, New York State Division of Veterans’ Affairs ..........................................................................

Cullinan, Dennis M., Director, National Legislative Service, 

Veterans of Foreign Wars of the United States ................

Witnesses

McPherson, Col. Warren R. USMC (Ret.), Executive Director, 

Florida Department of Veterans’ Affairs ...............................

Prepared statement of the Col. McPherson ............................

Tetz, Timothy M., Executive Director, Nevada Office of Veteran 

Services ....................................................................................

Prepared statement of Mr. Tetz ................................................

Knowles, Ann G., President, National Association of County 

Veterans Service Officers ........................................................

Prepared statement of Ms. Knowles .........................................

Violante, Joseph A., National Legislative Director, Disabled 

American Veterans ..................................................................

Prepared statement of Mr. Violante .........................................

Ortner, Blake C., Associate Legislative Director, Paralyzed 

Veterans of America ................................................................

Prepared statement of Mr. Ortner ............................................

(III)
(IV)

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Witnesses (CONTINUED)

McCoy, Jack, Associate Deputy Under Secretary for Benefits for 

Policy and Program Management, Veterans Benefits Administration, U.S. Department of Veterans Affairs ......................

Prepared statement of Mr. McCoy ............................................

MATERIAL SUBMITTED FOR THE RECORD

Memorandum of Gift from Veterans Consultation Group, Lincoln, NE., submitted by Ms. Berkley ...................................... 

POST-HEARING QUESTIONS FOR THE RECORD

Chairman Miller from Mr. Jack McCoy, U.S. Department of 

Veterans Affairs ........................................................................

Hon. Shelley Berkely from Mr. Jack McCoy, U.S. Department of 

Veterans Affairs .........................................................................

Chairman Miller from Mr. Blake Ortner, Paralyzed Veterans of 

America .....................................................................................

Chairman Miller from Ms. Ann Knowles, National Association 

of County Veterans Service Officers, Inc. ..............................

Chairman Miller, Joseph Violante, Disabled American Veterans .............................................................................................
Oversight HEARING on the ROLE OF

NATIONAL, STATE, AND COUNTY VETERANS

SERVICE OFFICERS IN CLAIMS DEVELOPMENT

WEDNESDAY, JULY 19, 2006

(1)

U.S. House of Representatives,

Subcommittee on Disability Assistance and

Memorial Affairs,

Committee on Veterans’ Affairs,

Washington, D.C.

The Subcommittee met, pursuant to call, at 1:33 p.m., in Room 

334, Cannon House Office Building, Hon. Jeff Miller [Chairman of 

the Subcommittee] presiding.

 Present: Representatives Miller, Berkley, Udall. Majority Staff 

Counsel: Paige McManus, Minority Staff Counsel: Mary Ellen McCarthy

Mr. Miller. Good afternoon, everybody. Thanks for coming. This 

hearing will come to order. I also want to thank the witnesses for 

their flexibility. I know we have changed the date and time, and let 

the record show the Chairman was late for the very first time. We 

appreciate you being here with us today and we are going to go ahead 

and start the hearing. Ms. Berkley, our Ranking Member, is on the 

way, and other members as you well might expect will be coming in 

and out as the hearing progresses.

Under Admiral Cooper’s watch the Veterans Benefits Administration has attempted to make the claims adjudication process more efficient by creating specialized teams, improving training, and hiring 

additional personnel to prepare and rate claims. For a while, we 

had seen some improvements in timeliness and the backlog; however, 

those gains have eroded. The backlog is growing again and it is taking longer to render a decision.

 We all know that the claims process is complex, and veterans are 

better served when they are working with someone who is trained in 

this area of the law. Over the years, various reports from, among others, the Veterans Claims Adjudication Commission, the VA Inspector 

General, and the VA Claims Processing Task Force have recommended a greater role for veterans services organization representatives in 
2

assisting veterans with submitting fully developed claims. I am not 

advocating today that VBA staff be supplanted by veterans service 

officers. There are 6,000 local, county, and State service officers who 

could augment VBA’s workforce, especially since they already have 

the power of attorney for the claimant.

 Today, we are going to receive testimony from veterans’ representatives to get a better understanding of the role they play in assisting 

veterans in submitting fully developed claims so that VBA staff can 

focus on the decision-making process. We will also hear from VBA on 

their efforts to collaborate with these organizations. And as I said, 

Ms. Berkley will be coming in shortly to participate, and we may give 

her an opportunity if she wishes to make an opening statement at 

that time, with your indulgence.

 At 2:00 o’clock today, as most of you know, there is a ceremony 

in the Capitol to commemorate VA’s 75th anniversary. Therefore, 

without objection, any other opening statements that other members 

have will be submitted into the record. I also ask the witnesses, if 

you would, to keep your remarks to five minutes. Your full statements have been received by the Subcommittee, and will appear in 

the printed record of the hearing. The first panel is already seated at 

the table. We appreciate it. If you give me a moment, I can introduce 

everybody that is at the table now.

Colonel Warren ``Rocky’’ McPherson, is the Executive Director of 

the Florida Department of Veterans Affairs and Mr. Tim Tetz is the 

Executive Director of the Nevada office of Veterans Services. We 

certainly appreciate your coming to Washington to share your views 

with us. We also have Ms. Ann Knowles, President of National Association of County Veterans Service Officers. Joe Violante is here, 

National Legislative Director for DAV. And Mr. Blake Ortner is Associate Legislative Director for Paralyzed Veterans of America.

 So my script says “Colonel McPherson,” but Rocky, it is good to 

have you here, and you may proceed.

STATEMENT OF COLONEL WARREN R. MCPHERSON, USMC 

(RET.), EXECUTIVE DIRECTOR, FLORIDA DEPARTMENT 

OF VETERANS’ AFFAIRS; TIMOTHY M. TETZ, EXECUTIVE 

DIRECTOR, NEVADA OFFICE OF VETERANS SERVICES; 

ANN G. KNOWLES, PRESIDENT, NATIONAL ASSOCIATION 

OF COUNTY VETERANS SERVICE OFFICERS; JOSEPH 

A. VIOLANTE, NATIONAL LEGISLATIVE DIRECTOR, 

DISABLED AMERICAN VETERANS; AND BLAKE C. 

ORTNER, ASSOCIATE LEGISLATIVE DIRECTOR, 

PARALYZED VETERANS OF AMERICA 

STATEMENT OF COLONEL MCPHERSON

Colonel McPherson. Mr. Chairman and members of the Subcom-
3

mittee, thank you for your opportunity to provide comments concerning the role of national, State, and county veterans service officers 

in claims development. As Governor Bush’s executive director for 

Florida Department of Veterans Affairs, we meet regularly with the 

leaders of all of the State veterans service organizations, including 

the County Veterans Services Association. In fact, I meet with their 

leadership monthly. Also, I am served by an advisory commission of 

Governor’s appointees from all regions of our State, and we meet with 

them quarterly.

 Florida has almost 1.8 million veterans, as you know. The Florida 

Department of Veterans Affairs is a State veterans’ service agency 

created by the Florida legislature, following a successful citizens’ 

constitutional initiative to authorize our department in State government. We provide information, advocacy, and quality long-term 

healthcare services to our veterans. We maintain strong positive relationships with both VHA and VBA leadership in Florida. We currently employ about 580 folks, and about 70 of those are performing 

service officer duties on a daily basis. Florida continues to expand 

our facilities and our services, primarily through the growth of the 

State homes program, but also through new outreach programs to 

contact more of the veterans’ population in Florida. As a result 

of strong advocacy on behalf of veterans and their dependents, their 

economic well-being and health status is improved through the acquisition of all of the benefits earned through their service. We are an 

arm of State government, which has statutory responsibilities concerning State benefits and citizens services, as well as providing service delivery responsibilities representing veterans in their dealings 

with the claims process in VBA.

 Our statement for the record includes a more expansive elaboration of our department structure and capabilities. I won’t dwell on 

that. But it also includes the issues that I would like to mention in 

this brief summary. The major issues confronting our department, 

and other State veterans department as well when dealing with VBA

processes, include the following four items.

 First, is timely access to VA information on returning severely injured veterans, and also dealing with families of the fallen. And I

would note for the record that yesterday we were able to meet with 

VA Central office senior staff on this issue to work on moving forward. 

We also have a concern about timely access to case files of veterans 

when they seek State assistance on Federal issues. There are issues 

in the privacy world that need to be resolved so that if a constituent 

calls your office or mine, I need to be able to get to the data to help 

solve that problem.

 We are working on a program designed by Governor Bush to look 

at long-term follow-up on State veterans’ benefits, and also benefits 

for the families of those lost in battle. Florida has a substantive set 
4

of State benefits that augment the Federal benefits system, and in 

order to implement that kind of a program for the long term, we need 

good data on who these folks are, and we are working with the VA

on those privacy issues. We also note that there has been a national 

issue regarding training and standardization of veterans’ service officers at the State and county level, and I would note that is a key 

issue, that if efforts are put forth to standardize the training, it can 

help with the types of claims that you are looking for; fully-developed, 

ready-to-rate claims.

 We note that House Resolution 4264 regarding proposed Federal 

funding of State and county service officers in the VA budget is an 

initiative that is under consideration, and the State of Florida would 

certainly support that. We think it would provide valuable additional 

resources for us, and that of course is a part of outreach enhancement 

opportunities, and we would focus especially on returning veterans 

with serious injuries.

 Each of these topics contain policy issues that must be developed 

and improved in order to allow State and local government service 

as an extension of VA programs that already provide more extensive 

and higher quality services to our nation’s veterans than any other 

country in the world.

The VA is a terrific organization, but as we all know, primarily because of the huge numbers of veterans who have served, their workload, the VA’s, in many areas is constantly challenged by resource 

availability, and many of the policies which have evolved over 75 

years of growth in service.

 As I mentioned, our primary challenge is timely access to VA information concerning veterans. As described in our written statement, 

improved flow of information to State government is needed, and is 

vital to improving the timely delivery of State benefits to these warriors and families. A method must be developed to allow increased 

and more timely access to this critical data, and we are working on 

that with the VA and DoD.

The final challenge I would like to address just for a moment is 

the enhanced outreach to veterans, particularly in the large states, 

where the largest population is. I mentioned Florida has almost 1.8 

million veterans, and it deserves focused attention, additional outreach efforts, and additional national resources, to meet the continuing demands of our older World War II and Korean veterans, but also 

our newest generation from the Global War on Terror. The Federal 

efforts to coordinate seamless transition of injured servicemembers 

from DoD to VA is improving, and it is actually quite good. But the 

State and local government role in providing and administering State 

veterans benefits must be understood, and policy adjustments must 

be made to enhance a cooperative effort to deliver the best support 

our nation can, for all levels of government.
5

Governor Bush’s letter to Secretary Nicholson on this topic is in our 

written remarks. I would like to thank you for the opportunity to be 

here today representing Governor Bush and our 1.8 million veterans, 

and we appreciate your Committee’s continuing efforts to improve 

benefits and services to our veterans, and certainly would be available to take any questions, sir.

[The statement of Colonel McPherson appears on p. 22] 

Mr. Miller. Thank you very much, Colonel. Mr. Tetz?

STATEMENT OF TIMOTHY M. TETZ

Mr. Tetz. Chairman Miller and members of the Subcommittee, 

thank you for this opportunity to present the role of the Nevada Office of Veterans’ Services in veteran claim development.

Veterans’ advocacy in its most simple form doesn’t vary between 

Florida, North Carolina, or Nevada. At the end of the day, every 

advocate in a veterans service organization, county service office, or 

State agency such as NOVS, desires to help every veteran receive all 

individual benefits and opportunities earned by their honorable military service to this country.

 In its most basic form, a veterans advocate is someone who cares 

about veterans and supports their causes. This broad representation 

of a veterans advocate could include everyone from the World War II

veteran’s grandchild, to a radio talk show host, to a member of Congress. With respect to the claims process, through the Department 

of Veterans Affairs, the veterans advocate takes a greater role and 

responsibility; it’s advocate’s obligation to present the veteran and 

his or her claim in the most succinct, accurate, and complete manner, 

so the VA ratings officer has a complete package on which to base a 

decision.

Veterans advocacy through the claims process has five distinct 

steps. First, the service officer must work directly with the veteran 

or family to identify all the possible benefits the claimant may be 

entitled. This often involves hours of interviewing and analysis of 

medical and military records to ascertain the status of the veteran’s 

health or financial situation. Next, the service officer must determine 

if additional records, tests, or materials are necessary to establish the 

facts or conditions presented by the veteran.

Then, the service officer must take great care to present the veteran in a concise but complete package that identifies all the benefits 

for which the veteran is entitled. This package must be sufficient to 

persuade the rating specialist to grant the claim. Once the decision 

has been rendered it is incumbent upon the advocate to explain the 

results to the veteran and determine if additional actions are necessary.
6

 It is only once the veteran and advocate have exhausted all avenues of review that the case can be set aside for this final step. Often 

overlooked, the final step is a periodic evaluation with the veteran to 

determine if medical or financial conditions warrant the claim to be 

reopened.

 However the role of NOVS doesn’t start with the veteran walking 

through our door. It begins long before, in our attempts to educate 

the public and veterans on services we offer and the benefits they 

have earned. Although the veteran may not realize how military service ultimately affected their health, talking about wounds or injuries 

has never been something people hide. For example, when one veteran receives compensation for agent orange exposure and resulting 

conditions caused by it, every other veteran he runs across is quickly 

informed of conditions that may be caused by exposure or service, and 

urged to follow the appropriate claim.

In contrast, financial status or well-being is not often discussed 

outside of family. This coupled with an overwhelming pride not to 

take advantage of programs such as welfare brings about the relative obscurity of the VA pension benefits. In 2005 Knight Ridder 

published an article based on the Sanford Center for Aging study of 

low income veterans in Reno, Nevada. In short, an estimated 2 million veterans or widows are missing out on as much as $22 billion 

a year in VA pensions. The primary reason is lack of public awareness of the program. While the estimated population of veterans and 

widows eligible for the benefit has remained the same, benefits have 

decreased at a dramatic rate.

Once a veteran enters, or the veteran’s family enters our office, it 

is our responsibility to determine eligibility for compensation, pension, and other benefits through the VA. Like all our counterparts 

throughout the nation, we must develop the case, review the pertinent 

information, and prepare a claim for the veteran to submit. However, 

at this juncture we differ from our counterparts at the county level in 

that we are located in a regional office and approve and submit all the 

veterans advocates for benefits. Located within the same building, 

we are often able to facilitate the compilation of additional information when it is necessary, thereby limiting the longer waiting times 

than would be associated if we needed to send it to a local office. In 

addition, we receive our complimentary copy of the notice of decision 

for our records, so that we can be proactive in reviewing the decision 

and determining a course of action before the veteran has received 

the same letter. Unfortunately, with these spoils comes some added 

burden. If a veterans submits a claim for composition and lists one of 

our 14 service organizations as a limited power of attorney, we are obligated to serve that veteran once a notice of decision has been issued. 

Through this, we inherit many claims we did not initially develop, 

and did not submit to our standards, but must somehow maintain the 
7

necessary information and data to reverse the original decision. This 

is often more time-consuming than the establishment and development of the case from the beginning. I estimate I lose one of my six 

service officers entirely to the appeal process.

 Our biggest challenge in Nevada is to serve the approximate 300,000 

veterans in Nevada with only six service officers. Even if you look at 

the veterans’ service organizations and their accredited service officers, there are still more than 10,000 veterans in Nevada for each 

qualified service officer. It is not uncommon for a veteran to have to 

wait four to six weeks to meet with a service officer. If you couple this 

with a six-month wait for a decision at the regional office, the veteran 

lucky enough to walk into our office today may not receive a decision 

on the claim for a year. This may not seem like a long time to the 21 

year-old returning from Afghanistan, but it is an eternity to a Korean 

War veteran dying of a service-connected medical condition.

 And in conclusion, if I were to clear the room and ask if anyone 

knew Jack Prelutsky, I am almost certain no one would recognize the 

name. However, asked the same question about Dr. Seuss, most of us 

could list our favorite book and tell you why they don’t like green eggs 

and ham. But Jack Prelutsky was responsible for taking the notes, 

sketches, and thoughts of Theodore “Dr. Seuss” Geisel, and compiling 

them into a highly acclaimed book that few knew was not written by 

Dr. Seuss. If Jack Prelutsky had written “Hooray for Diffendoofer 

Day’’ and put his name on the cover, he would have been ridiculed as 

a fraud and sold very few books. But the same compilation of words 

and thoughts became a best seller when associated with Dr. Seuss, 

even though he passed away seven years prior.

The service officer is a ghost writer of the veteran’s claim before the 

VA. It is the service officer’s job to take a veteran’s service record, 

medical history, personal recollections, and current medical conditions, and weave a story that characterizes the veteran for the VA rating specialist. The veterans service officer must take all the resources 

and develop a package that will become a best seller. Although in this 

case, the satisfaction will not come from critical acclaim in the New 

York Times, but rather the compensation and pension for the veteran 

or family by the VA. In most cases, the rating specialist may never 

even talk to or meet the veteran. But if the service officer is successful, the veteran is as well known to the rating officer as the “Grinch 

Who Stole Christmas.’’

Again, thank you, Mr. Chairman, for giving Nevada Office of Veteran Services an opportunity to present our perspective on such an important issue. This hearing is very timely and addresses an ongoing 

need to service the veterans throughout America. We look forward to 

working with the Subcommittee to see that no veteran goes without 

qualified representation.

[The statement of Timothy M. Tetz appears on p. 34] 
8

Mr. Miller. Thank you very much. Ms. Knowles.

STATEMENT OF ANNE G. KNOWLES

Ms. Knowles. Mr. Chairman and members of the Committee, it is 

truly my honor to be able to present this testimony before your committee. As president of the National Association of County Veterans 

Service Officers, I am commenting on the relationship between the 

Department of Veterans Affairs and the county veterans service officer, recommendation of the creation of a new Federal, State, and 

local government partnership to provide outreach to veterans and 

their dependents to assist in filing their claims for disability and pension benefits.

The National Association of County Veterans Service Officers is an 

organization made up of local government employees. Our members 

are tasked with assisting veterans in developing and processing their 

claims. We exist to serve veterans and partner with the national service organizations, and the Department of Veterans Affairs to serve 

veterans.

 Our association focuses on outreach, standardized quality training, 

claims processing. We are an extension, an arm of government, not 

unlike the VA itself, in service to the nation’s veterans and their dependents. The relationship between the Department of Veterans Affairs and the county service officers throughout our great nation has 

traditionally been professional, mutually advantageous. The DVA

has assisted the CVSOs in providing limited training and providing 

limited access to information to DAV the DVA holds on the CVSO’s 

clients.

By a large majority of disability of pension claims, the county service officer serves as the primary entry point nationwide for local veterans to access the services offered by the VA. Most veterans view 

the local county service officer as the VA, and they do not realize that 

the VA and the CVSO are not one in the same. And in many ways, we 

are the VA to our communities. We see the role of the county veterans service office as one of advocacy. We sit across the table daily and 

prepare these claims. We are the ones that cry with the widows, and 

pat the veterans on the backs. Because of this direct access to the 

veterans, we believe that we are in a position to assist the VA in the 

claims development, developing and completing ready-to-rate claims. 

It eases the burden of the VA, the backlog of inventory, whatever we 

call it.

 The process begins with that face-to-face, and it builds the trust 

between the veterans and the VA because as I said, they view us as 

the VA, and we can tell them ten dozen times a day we are not the 

VA, but we are to them, because we are the one they are helping.

 The initial interview accomplishes many things. The CVSO hon-
9

estly explains the process with the veteran while building realistic 

expectations for the veteran. This results in lessening the impact 

of previous claims or unrealistic appeals that the VA is mandated to 

process and develop. Once complete, the application package is then 

passed on to the State or the national service organization for their 

review and presentation to the VA, and then they in return send it 

back to us if they have more questions. It is truly a partnership.

 The CVSO then interprets the decision for the veteran and explains 

what the decision means when the veteran gets his rating decision 

back. Many of them go home and they read those eight or ten pages, 

and they come back and say, “Tell me what it means,’’ and that is 

what we are there for, is to tell them what it means, and where we 

can go further; if they have had a negative decision, if we truly have 

an appeal, and how to truly help them get this appeal established.

 We believe the division of responsibility between the two arms of 

government benefits the veteran, the CVSO, and the DVA, as potential to provide a clear understanding for the veteran, of the process of 

claims development, and how the VA system works. I will not go into 

a lot of detail on our outreach. It is published for you. The VA does 

have limited outreach. They do go to the hospitals, they advertise in 

the organizations, but the county service officer or the State service 

officer are on the front line. We are looking for those veterans that 

don’t know that they have benefits. They don’t go to the hospitals. 

They don’t belong to the service organization.

 That is where your outreach is needed, to those veterans that don’t 

know, those veterans coming back that don’t want any part of anything.

 I thank you for your opportunity to provide this testimony. I invite 

any questions. I know we are very limited, so I will hold it down. And 

thank you so much.

[The statement of Ann G. Knowles appears on p. 41] 

Mr. Miller. Thank you very much, Ms. Knowles. I would like to 

recognize the Ranking Member Ms. Berkley. Ms. Berkley?

Ms. Berkley. Thank you very much, Mr. Chairman, and please 

accept my apologies for being detained in my Transportation Committee hearing. We had a markup on an important issue regarding 

pipeline safety in this country, and I thought it was important that I

share my thoughts with my fellow committee members.

 I want to welcome all of you. Your testimony is very important to 

this Subcommittee, and our understanding of exactly what you do 

and how it affects and benefits our veterans. A particular welcome 

to Mr. Tetz, from my home State of Nevada. We work very closely 

together. He does an extraordinary job. I invited him, and I hope this 

has been a positive experience for you.

 I am going to submit my comments for the record. I would like to 
10

commend Mr. Tetz’ testimony, and I am sure all of you that heard 

him know that in the State of Nevada, which is a very large State 

with a lot of area, we not only have hundreds of thousands of veterans in the Las Vegas metropolitan area, but we have veterans across 

the State of Nevada in small towns and hamlets, sometimes very far 

away from any VA service, and it is very important for them to be 

able to access our VA services. There is, for every 10,000 veterans, 

we have one service officer in Nevada, and many veterans are simply 

unable to access a veterans service officer.

We know that if a veteran is able to access the help of a service officer, it could often make the difference between having a claim denied 

and having a claim approved, or the amount of the claim. And we 

also know statistically, that it is a little more than $6,000 difference 

between a veteran who has had the help of a service officer and one 

that has not. So what you do is extraordinarily important.

 And I think it is important for the Subcommittee, and ultimately 

the entire VA committee, to learn about what you do. So thank you 

very much, and I thank you for your efforts in helping our veterans 

access the VA system.

[The statement of Ms. Berkley appears on p. 20]

Mr. Miller. Thank you, Ms. Berkley. Your statement will be included in the record in its entirely.

 Mr. Violante?

STATEMENT OF JOSEPH A. VIOLANTE

Mr. Violante. Thank you, Mr. Chairman, and members of the Subcommittee. On behalf of the more than 1.3 million members of the 

Disabled American Veterans, I am honored to appear before you today to discuss the role of DAV’s national service officers in our effort 

to assist veterans and their families an filing claims for benefit from 

the Department of Veterans Affairs. DAV has several classifications 

of our accredited representatives: department service officers, transition service officers, national service officers, national appeals officers, and appellate counsel.

 DAV hires only wartime service-connected disabled veterans for 

positions of DAV NSO trainees. These men and women have had personal experience with the VA claims process, and the vocational rehabilitation program. The initial training program generally does not 

exceed 25 months, of which 16 months is on-the-job training. Each 

individual also receives academic instruction through an accredited 

college or university in anatomy and physiology, medical terminology, composition or legal writing, and public speaking.

 Successful completion of a compensation and pension service TRIP

certification training is mandatory for all NSOs. The DAV structured 
11

and continuing training program is designed for use by all NSOs. 

Recognized by the highly regarded American Council on Education, 

the DAV’s course of study uses the latest technology to provide almost 1200 hours of updates and refresher training to enhance the 

NSO’s base knowledge. I have provided two copies of our CD-ROM

library to the Subcommittee staff.

 Mr. Chairman, for 86 years the DAV has been dedicated to one 

single purpose: Building better lives for disabled veterans and their 

families. The DAV employs 260 NSOs, located throughout the country. Last year alone, these highly trained men and women represented, free of charge, over a quarter million veterans and their families 

in claims for VA benefits, obtaining for them more than $2.7 billion 

in benefits.

 Of the 34,000 appeals decisions decided by BVA during 2005, 

11,000 appeals were represented by DAV NSOs. During the period, 

the average BVA allowance rate among veterans service organizations was 21.7 percent. The allowance rate for attorneys was 21.1 

percent. During 2005, DAV represented about 2500 appeals that 

were allowed by VBA, or 22 percent of our represented appeals. In 

another 4400 appeals, or 39.2 percent, the appeal was remanded to 

the agency of original jurisdiction. DAV-represented appeals were 

higher than the overall averages for allowances: 20.8 percent, and 

remands, 38.6 percent.

 Average allowance rates among veterans service organizations are 

again higher than allowance rates for attorneys thus far in 2006. 

With a 21.3 percent allowance rate, as of the end of April 2006, attorneys are below the overall average BVA allowance rate for all appeals, including those with no representation, of 21.6 percent.

DAV’s appellate counsels filed 374 notice of appeals with the Court 

of Veterans Appeals between May 2005 and April 2006. During this 

period, the court disposed of 433 appeals filed by DAV. Of these, 

291 appeals were reversed, vacated, or favorably settled. There were 

joint motions for remands in 126 appeals, and only 16 appeals were 

affirmed by the court.

 Several years ago, DAV undertook two additional initiatives to 

enhance and expand benefits counseling and claims representation 

services to the veterans community. The first of the two programs 

involve outreach to members of the armed services at locations and 

times of their separation from active-duty. The second involves services to veterans in the communities where they live. I am very 

proud of what DAV stands for and what we have accomplished in our 

86-year history.

 I thank you for this opportunity to submit our views on this important issue, and I would be happy to answer questions. Thank you.

[The statement of Joseph A. Violante appears on p. 47] 
12

Mr. Miller. Thank you very much. Mr. Ortner?

STATEMENT OF BLAKE C. ORTNER

Mr. Ortner. Chairman Miller, Ranking Member Berkley, and 

members of the Subcommittee, on behalf of the Paralyzed Veterans of 

America, I would like to thank you for the opportunity to testify today 

on the role of national, State, and county veterans service officers in 

claims development.

 Through 60 years of service, PVA has developed a unique expertise on a wide variety of issues involving the special needs of our 

members, veterans with spinal cord injury and dysfunction. One of 

the services PVA provides is assistance to veterans as they navigate 

the maze of rules and regulations associated with submitting claims 

for veterans benefits and compensation. This is done through PVA’s 

veterans benefits department, which provides assistance and representation, at no cost, to veterans seeking healthcare and benefits.

This assistance is offered through a network of 58 service offices 

located at VA medical centers and regional offices, and 76 PVA-employed national service officers, or NSOs, many of whom are spinal 

cord-injured.

 In 2005 our NSOs conducted more than 23,000 counseling sessions, 

serving more than 20,000 paralyzed veterans and their families, provided assistance to over 12,000 more severely disabled veterans, and 

their families and survivors, and conducted more than 15,000 visits 

to paralyzed veterans in hospitals and nursing homes, logging more 

than 206,000 road miles.

 There are many veterans service programs across the nation. VA

sets requirements for organizations to be approved to provide assistance to veterans, and these regulations contain sufficient requirements for organizations to meet, but only if they actually comply with 

the regulations. If VA does not ensure requirements are met, then 

veterans may receive inadequate assistance. While PVA exceeds all 

the requirements, variances in levels of training and competence of 

other veterans representatives, including State and county veterans 

service officers, can be extreme.

 Training is the other key. PVA is concerned about accuracy in 

claims, and emphasizes extensive training of our service officers 

while taking great pride in our rigorous training program. New service officers undergo a 16-month on- the-job training program. Each 

candidate is paired with an experienced NSO supervisor at a VA

medical center or regional office. Throughout the training program 

candidates take courses to improve medical knowledge, as well as 

gain ever greater exposure to actual casework, learning relevant Federal relations, codes, and how to prepare a claim.

 The candidate must pass a series of quizzes and exams during the 
13

program, and to be certified as an NSO II, must pass a comprehensive 

final exam. The NSO takes a more extensive exam after 18 months, 

to be promoted to NSO III, and after a second 18 months, takes an 

exam to be promoted to senior NSO. We believe that our standardized training is a vital component to the success of this program.

But NSO training does not end there. PVA conducts ongoing regional training, as well as participation in VA training at the local 

level, permitting valuable interaction with VA claims processors. 

NSOs also complete the VA training, responsibility, involvement, and 

preparation program, annual cyber security training, and 28 hours of 

annual national service officers’ continuing education program training.

 PVA’S NSO program assigns NSOs to VA medical centers with spinal cord injury centers, then to areas with a high population of our 

members or other veterans. This system is most effective because it 

is maintained and supervised at the national level, which provides 

important uniformity and speedy dissemination of vital information.

 PVA does not limit our training. If requested, we will provide training to other local, State, and county veterans service officers in any 

field that the office believes they may need. This provides information and ensures a level of consistency with claims preparation. Even 

with training, other challenges face veterans as they weave their way 

through the maze of claims preparation.

One challenge is that many county service officers are political appointees, often required to justify their existence, and their budgets, 

by the number of claims filed. PVA believes that many of these claims 

are submitted without regard to merit. This clogs the VA system 

and may discredit claims coming from those offices. This is such a 

concern that in May 2006, the commitment was made by PVA, the 

American Legion, Disabled American Veterans, and AMVETS, to 

support training for State and county VSOs. This would go a long 

way to increase professionalism and consistency of claims preparation, and would be a tremendous service to those veterans who have 

served the nation so well.

 Another challenge is a lack of appeals representation at the national level for county and State VSOs, which hinders a claimant’s 

opportunity to succeed at the appellate level. Because of the significant number of errors in VA claims, this can create an almost insurmountable roadblock to a veteran’s claim being granted.

Thousands of American veterans benefit every day from the programs provided by veterans service organizations. The critical requirement is training. Without an adequate level of initial training, 

follow-up training, and appropriate oversight and accreditation of 

VSOs by VA, a valuable service for veterans can potentially cause 

more delay, rather than shorten the time needed for claims processing.
14

 PVA would like to thank you again for the opportunity to testify, and we would be happy to answer any questions that you might 

have.

[The statement of Blake C. Ortner appears on p. 57] 

Mr. Miller. I thank you all very much for your testimony. I have 

some questions, but I will submit them for the record in view of the 

time that we have, and I will yield to our Ranking Member, Ms. Berkley.

Ms. Berkley. Thank you, Mr. Chairman, for your courtesy. I know 

that many people are going to the ceremony commemorating the 75th 

anniversary of the Veterans Administration, which starts in a few 

minutes, so I will try to be very brief. But I do have three questions.

 The Committee has received a report of at least one county veterans 

service officer who refers claims to attorneys and agents, who agree 

to represent the veteran without charge, obviously, but who then solicits gifts from the veterans who are rewarded benefits. And I would 

like to submit for the record, Mr. Chairman, a memo of gift that I

have in my possession, that a veteran has signed, giving $16,000 to 

an attorney for having handled his case, although it is not called a 

fee; it is a “gift.”

Can you comment on this practice? I don’t know if this is an isolated incident, whether it is one person in Nebraska or whether this 

is widespread, whether you have heard rumors of it. But can you tell 

me if this is something that you have heard of before? And what ethical rules govern county service officers? And anybody and everyone 

can answer this.

Mr. Miller. Prior to the witnesses answering, are you asking this 

be entered in the record?

Ms. Berkley. Yes. Yes, sir.

Mr. Miller. Any objection?

(No response.)

Mr. Miller. Without objection, so ordered.

[The memorandum appears on p. 80]

Mr. Miller. The witnesses may answer the question.

Ms. Knowles. I would like to first take a stab at this as I represent 

the county veterans service officers. This just came to our attention 

last month in Reno, and we do not support this. We think that veterans deserve free representation from the county service officers and 

the service organizations in their counties, and in their states. I understand there is a big push to get this through, to get it where they 

can. And we are very opposed to that.

 We do not think veterans should have to pay. They have already 

paid their dues. Now we need to represent them with nothing, with 

no charge. And for county veterans service officers, we are opposed 
15

to this. And in my own State, we had people that have started this, 

and we were able to squash them.

Ms. Berkley. Okay. Do you think that this is something that Veterans Service Officers Association can handle on their own without 

congressional intervention? This really is horrible.

Ms. Knowles. Absolutely not. We cannot handle this on our own, 

because this group in Nebraska is going forward with it. It is going to 

have to be looked at on a national level. Lawyers should not come into 

the play with handling claims for veterans until we hit the appeals. 

The veterans should have the opportunity to handle their claim on a 

local level. And when it goes to the appeals, absolutely, but up until 

then I think the veteran can receive and should be able to receive the 

claims without cost.

Ms. Berkley. I couldn’t agree with you more. This was breathtaking when I read it, and shameful, quite frankly.

 Second question: according to Mr. Tetz, Nevada, as I mentioned in 

my statement as well, has only one service officer for every 10,000 

veterans. Is access to veterans service officers a problem in other 

areas of the country? What is your personal experience in your own 

states?

Ms. Knowles. In North Carolina it is not. In dealing with our 

service officers across the State, we knew that Nevada had a large 

veteran population and very few, and I am sure that is something 

that you are looking at, to help put more money there for them to hire 

more service officers. But I don’t think it is—I am not sure how many 

states are like yours. Tim, do you know?

Mr. Tetz. Well, I am sure none are. But with the population explosion, in Nevada particularly, in my part of the State, it is almost 

unhandleable. And I was wondering how, what it is like in your particular states?

Colonel McPherson. Madam, Chairman, Rocky McPherson from 

Florida. In our department, I have approximately almost 600 employees. About one sixth, about 100 of those are in the State veterans service officer business. I would note, though, for the record, I 

think it is import that even though there are 10,000 veterans per 

service officer, not every veteran had a service-connected injury, and 

requires work on submitting a claim. Matter of fact, the percentage 

is probably—I would ask the VA for a number, but I would say it 

is 20 percent or less. And so, that particular statistic needs to bear 

in mind the number of veterans in need of preparing claims, rather 

than the total number.

Ms. Berkley. Mr. Tetz, would you like to comment? How are 

things in Nevada?

Mr. Tetz. Madam, Chair, Tim Tetz from Nevada Office of Veterans Services. It is tough in Nevada, with the six service officers that 

we pay. I would agree, certainly, with my director from Florida that 
16

not every one of those 10,000 need it. But I would also argue that if 

we don’t have adequate representation of service officers out there, 

and you can’t get the word out and service as many of those 10,000, 

then you miss out on claims and the ability to get them the right 

care they need.

Ms. Berkley. How many service officers would it take in the State 

of Nevada to handle the load you have, since you have six?

Mr. Tetz. Ma’am, the next legislative session I am going to be 

asking for an additional six, to spread throughout the rural areas 

mostly. We have an unfortunate scenario, where they had to travel 

400 miles to see the nearest service officer; unheard of in other 

states, and yet for Nevadans, they don’t think anything of it.

Ms. Berkley. And one last question if I may, knowing the shortness of time.

 Mr. Ortner, I reviewed your testimony, and it seemed in your testimony you said problems can arise when a veteran is represented 

by county or State veterans service officer that does not handle appeals to the board. How common is this problem, and what procedures exist, to your knowledge, to assure veterans with meritorious 

appeals that they will be represented on appeal to the board, and 

the court?

Mr. Ortner. I think the main issue is just the problem with the 

way the system is set up for their inability to actually just do the appellate process. I would ask to have the question submitted for the 

record, so that I could take it to our veterans benefits department 

that deals specifically with that sort of issue, to make sure that we 

can give you the most detail on exactly what would be the best process to remedy that.

Ms. Berkley. Mr. Chairman, may I submit that question?

Mr. Miller. It will be submitted.

Ms. Berkley. All right, thank you very much, Mr. Chairman. 

Thank you, witnesses.

Mr. Miller. Mr. Udall?

Mr. Udall. Thank you, Mr. Chairman. I would just submit my 

statement for the record, and not have any questions, and submit 

any for the record from the witnesses. Thank you very much.

[No statement was submitted.] 

Mr. Miller. Thank you very much to everybody here for their 

testimony today, and this panel is excused.

 And we have a second panel to come forward. As he comes forward, I will introduce him. Mr. Jack McCoy is Associate Deputy 

Under Secretary for Policy and Program Management at the Veterans Benefits Administration. He is accompanied by Mr. Steve 

Simmons, Deputy Director of the Compensation and Pension Service. We appreciate you being here today, and Mr. McCoy, if you are 

ready, you may begin.
17

STATEMENT OF JACK MCCOY, ASSOCIATE DEPUTY 

UNDER SECRETARY FOR BENEFITS FOR POLICY 

AND PROGRAM MANAGEMENT, VETERANS BENEFITS 

ADMINISTRATION, U.S. DEPARTMENT OF VETERANS 

AFFAIRS; ACCOMPANIED BY STEVE SIMMONS, DEPUTY 

DIRECTOR, COMPENSATION AND PENSION SERVICE 

Mr. McCoy. Chairman Miller, Ranking Member Berkely, and 

members of the Subcommittee, thank you for the opportunity to testify today on the role of national, State, and county veterans service 

officers in the disability claims process. I am accompanied today by 

Mr. Steve Simmons, Deputy Director of the Compensation and Pension Service.

Veterans Service Officers work in partnership with VA to assist 

veterans, their dependents, and their survivors in obtaining VA

benefits to which they are entitled. Congress traditionally chartered Veterans Service Organizations but today that authority has 

been delegated to the Secretary of Veterans Affairs. VA currently 

recognizes 87 veterans service organizations, including 26 national 

organizations, 45 State organizations, and five territorial agencies, 

as well as 11 regional or local organizations.

In order to be recognized by VA as a Veterans Service Officer, an 

organization must have as its primary purpose a substantial service 

commitment to veterans. It must also be able to demonstrate this 

either by either having a sizable organizational membership, or by 

performing services for a sizable number of veterans.

 Recognizing Veterans Service Organizations allows representatives of the organization to apply for accreditation to represent 

the interest of claimants in the processing their benefits claims. A 

Veterans Service Organization must file an application for accreditation with the Office of General Counsel for each person it desires 

to have accredited. The organization must certify that the applicant 

is of good character and reputation, and has demonstrated an ability 

to represent claimants before VA; has completed a course of training and an examination which has been approved by VA’s regional 

counsel with jurisdiction for the State; understands and will respect 

the confidentiality of veterans’ information; and will receive either 

regular supervision and monitoring or annual training to ensure 

continued qualification as a representative in the VA claims process.

Veterans service officers and State accredited representatives 

help claimants prepare claim forms and assemble relevant information and evidence for presentation to VA to substantiate claims. 

They personally contact veterans to expedite the gathering of necessary evidence, such as private medical records or employment background. Because of their knowledge of VA requirements and processes, they can ensure that their clients have the documentation 
18

needed before a claim is filed, which saves a great deal of time and 

effort in VA’s processing of the claim. Their knowledge of the law 

helps ensure that claims submitted to VA meet the requirements for 

service connection, or for the grant of the particular benefits sought, 

and all that relevant evidence is submitted for consideration.

 As part of their responsibilities as representatives for veterans 

and dependence, Veterans Service Organizations and State and 

local government veterans agencies participate in outreach and 

other activities that support the claims process by making veterans 

and dependents aware of changes in the law, and other significant 

events that may impact their eligibility for benefits. These efforts 

complement those of the Department and ensure that, to the maximum extent possible, the veteran community is aware of changes in 

VA entitlement.

 They assist VA with claims development through their active role 

in the Benefits Delivery at Discharge Program. The Benefits Delivery at Discharge Program is a cooperative effort of both VA and 

DoD, wherein VA personnel assist servicemembers leaving military 

service to obtain the VA benefits they earned. A number of our 

BDD operations are supported by the efforts of national, State, and 

county Veterans Service Officers. The role of the Veterans Service 

Officer and State and local government veteran agencies and the 

BDD—complementary to that of veterans service center personnel. 

They support VA efforts by sponsoring classes on how to complete 

VA claims forms, interviewing and assisting individual servicemembers with filing claims for VA benefits, including reviewing their 

service medical records and obtaining proper documents needed for 

VA claims adjudication.

 In 1998, VBA began the Training Responsibility Involvement 

and Preparation of Claims Program, known as TRIP. Today, all 

57 regional offices have successfully provided TRIP instruction to 

Veterans Service Organizations’ representatives. TRIP includes extensive training in claims development that helps veterans service 

officers submit their fully developed claims, so that VA can decide 

claims in a more timely manner.

 When a Veterans Service Organization representative completes 

TRIP training and passes a VBA-administered examination, he or 

she is qualified to access VBA’s electronic records of veterans for 

whom he or she has power of attorney. To date, 1661 Veterans Service Organization representatives have completed and passed the 

TRIP training.

 And I would summarize, Mr. Chairman, by saying that I hope this 

testimony has demonstrated the important collaborative relationship between VBA and the national, State, and county service officers in VA’s claims adjudication process.

 Mr. Chairman, this completes my statement. I will be happy to 
19

answer any questions.

[The statement of Jack McCoy appears on p. 60] 

Mr. Miller. Thank you very much, Mr. McCoy. I will submit my 

questions for the record.

 Ms. Berkley?

Ms. Berkley. In light of the ceremony awaiting us, I will also submit two questions for review and answer. Thank you very much.

Mr. Miller. Mr. Udall?

Mr. Udall. I would do the same. Thank you, Mr. Chairman.

Mr. Miller. Thank you very much. And thank you for waiting, Mr. McCoy. Obviously, you know, we are trying to make the 

ceremony in the Rotunda, but I think it is safe to say that in the end 

we all want the same thing - we want the system to work for those 

who were injured in service to our country. The experience and 

dedication exhibited by State, county and national service officers 

needs to be harnessed, thus bringing true meaning to the VA service 

officer partnership.

 Without objection, statements from Mr. James Doran of AMVETS, Mr. Dennis Cullinan of the Veterans of Foreign Wars, and 

Mr. George Basher of the New York Department of Veterans Affairs 

will be entered into the record.

[The statements for the record appear beginning on p. 73]

Mr. Miller. Members will have five legislative days to submit 

material for the record as well as post-hearing questions to the witnesses. With nothing further, this hearing is adjourned.

[Whereupon, at 1:54 p.m. the Subcommittee was adjourned.]
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