STATEMENT OF RICHARD C. SCHNEIDER DIRECTOR OF STATE/VETERANS AFFAIRS BEFORE THE SUBCOMMITTEE ON BENEFITS COMMITTEE ON VETERANS AFFAIRS U.S. HOUSE OF REPRESENTATIVES ON H.R. 3193 DUTY TO ASSIST VETERANS ACT OF 1999 MARCH 23, 2000
DISCLOSURE OF FEDERAL GRANTS AND CONTRACTS The Non Commissioned Officer Association of the USA (NCOA) does not currently receive, nor has the Association ever received, any federal money for grants or contracts. All of the Association’s activities and services are accomplished completely free of any federal funding. INTRODUCTION Mr. Chairman and distinguished Members of the Subcommittee, the Non Commissioned Officers Association of the USA (NCOA) is most grateful for the opportunity to appear today. As an accredited veteran service organization, the Association is privileged to routinely assist veterans in the preparation and submission of compensation and pension claims to the Department of Veterans Affairs (VA). With this experience, NCOA recognizes that today's hearing is of critical importance to all men and women who serve or have served in the Uniformed Services of this Nation. The significance of this hearing cannot be overstated because of the redefinition of VA’s "duty to assist" that changed the entire claims process into an adversarial relationship between the veteran and VA. Historically, VA was considered the veterans advocate and provided administrative and technical assistance to support individual veteran claimants. VA not only assisted but also, in fact, advised and supported veterans by ensuring proper claims development for all benefits for which eligible. These requirements were recorded in 38 C.F.R. as regulatory processes, taught in training programs, and defined as necessary to ensure that veterans were well served. While these procedural concepts were defined in regulations, discussed and merits validated by representative veteran committees of the House and Senate, no effort was determined necessary to incorporate the concept(s) into law. The system as defined in 38 C.F.R. worked so successfully that the issue was a non-issue. VBA procedures contained in 38 C.F.R. Section 3.102 detailed the provision that reasonable doubt arising from service origin, degree of disability, or any other point would be resolved in favor of the veteran. Reasonable doubt provides that given an approximate balance of positive and negative evidence which neither proves or disapproves a veterans claim, then reasonable doubt would favor a decision in support of the veteran claim. Included in the due process procedure under 38 C.F.R. Section 3.103 (1987) was contained the obligation that VBA not only assist a claimant in developing the veterans claim but render information and assistance to secure every benefit available under law. NCOA considers these actions absolutely vital to a veteran’s ability to establish a claim that will satisfy all requirements in law. The provisions of 38 C.F.R. of 1987 further defined a claim as an application made formally or informally by the veteran. This allowed the receipt of the informal inquiry to be the date that the claim was considered filed for the purpose of benefits. The duty to assist enabled VBA representatives to take whatever action was necessary to research and develop the veteran’s claim. Veterans provided the basis for VBA representatives to pursue information to insure a well-grounded claim The Veterans' Judicial Review Act established the Court of Appeals for Veterans Claims (CAVC, formerly Court of Veterans Appeals) and provided in law its basis for existence. Among the implementing provisions was the requirement (Title 38, Section 5107) highlighted below which placed the veteran in the position of becoming his own advocate.
The veteran under this law is required to meet the evidentiary requirements for a well-grounded claim before VA can accept the claim. These simple words changed the whole concept of advocacy and support by VA to assist in the development of the claim. Absent a "duty to assist," VA is now placed in the role of evaluator as to the relative merit of the evidence that a claim is or is not well grounded. The change further presented an ethical consideration on the institution’s role in the interpretation of whether or not a case is well grounded. Absent in the language of the law were a number of issues regarding VA’s role including veteran advocacy and duty to assist in development of a veteran’s claim. The Veterans Judicial Review Act provided the basics for a legal system that would eventually challenge the methods and procedures used in the development of veteran claims. A number of such opinions directly addressed this issue including Morton V. West, which substantially redefined VA's role. Under the new policy guidance issued in 1999: VA became a threshold arbitrator in accepting veteran claims while the burden and responsibility was placed on the veteran to prepare, document and submit a claim that on its merit would be considered a well grounded claim. VBA staff were relieved from providing claim development service and were thereby able to summarily turn veterans away to develop their own claims. NCOA recognizes that most all veterans have neither the ability nor an understanding of laws and regulations, to properly represent themselves in veteran compensation and pension claim matters. Service officers of this Association, like VA service center support staff, need continual training and information to keep current on the administrative criteria of the veteran claim processes. It is inconceivable in the Association's view that any veteran can effectively represent themselves in these processes. The mere frustration of the process would stifle the veteran from pursuing deserved benefits. CONCLUSION The recent CAVC decisions on the development and acceptance of claims and the resultant VA implementation instructions make this Association ENTHUSIASTICALLY REQUEST THE CODIFICATION IN LAW OF the following recommendations contained in H.R. 3193:
These thoughtful elements of H.R. 3193 literally provide in law the process that has served veterans well over the past years. Mr. Chairman, this Association stands ready to support the Subcommittee in every way possible to make these provisions a reality and again restore the Department of Veterans Affairs advocacy role for veterans. Thank you for the opportunity to participate in this hearing. BIOGRAPHY Of Richard C. Schneider Director of State/Veterans Affairs Mr. Schneider is the National Director of State/Veterans Affairs, Non Commissioned Officers Association of the United States of America. His responsibilities include executive management of all NCOA programs that support America's veterans. These include service transition, employment, benefit rights and adjudication processes. He directs 473 NCOA Veteran Service Officers located in the United States and overseas. Additionally, he provides legislative focus for 46 NCOA State Legislative Coordinators, which represent NCOA in State Legislative Affairs. Mr. Schneider concurrently serves as the Executive Director of NCOA's National Defense Foundation. In this capacity, he is responsible for the Association's Voter Registration Program including the operation of the National Voter Registration and Information Center in cooperation with the Department of Defense. He also manages NCOA's Operation Appreciation, which provides grants to benefit hospitalized veterans and other association determined humanitarian outreaches. Mr. Schneider was born in New Jersey. He was raised in the Garden State attending elementary and secondary schools in Lyndhurst. He has a Bachelor of Science from the University of Southern Colorado (1972) and a Master of Arts from the University of Northern Colorado (1974). He served in the United States Air Force from August 1957 to September 1990. Mr. Schneider retired in the grade of Chief Master Sergeant. He held significant assignments in management and personnel planning throughout his military career. His military decorations include the Legion of Merit, the Meritorious Service Medal with two Oak Leaf Clusters and the Air Force Commendation Medal with four Oak Leaf Clusters. He is currently the Secretary, Board of Directors, Pentagon Federal Credit Union, Alexandria, VA. He also is currently the Chairman of the Board, Financial Technologies, Inc., Chantilly, VA. Mr. Schneider is married to the former Anne Ferguson of Prestwick, Ayshire, Scotland. They have four children: three daughters, Kristin, Leslie, and Fiona; and a son, Richard. Back to Witness List |