Legal Meets Practical

The Veterans Benefits Administration (VBA)  has begun the nationwide transition to paperless processing of veterans’ disability claims at its Regional Offices. This transition sets the stage for the VBA’s new electronic claims processing system, called the Veterans Benefits Management System (VBMS), which aims to eliminate the VA’s backlog of disability claims by 2015. As of December 2012, 18 VBA regional offices (ROs) have implemented the new system and are beginning to process newly-received compensation claims in an entirely digital format.

Part of the push in implementing an electronic system is due to the increase in disability compensation claims received in recent years. From 2008 to 2012, the VBA saw a 50% increase in incoming claims. This increase, according to the VBA, is attributed to the following factors: ten years of war with increased survival rates, post-conflict downsizing of the military, additional medical presumptive conditions, and successful outreach encouraging more veterans to submit claims. Because of these factors, the number of pending disability compensation claims approaches one million. Due to the backlog, in some ROs a service-disabled veteran must wait nearly a year for an initial decision on his or her claim.

The VA Claims Transformation Homepage lists three stages to successfully implementing VBMS, which should streamline the claims process. These stages described in very broad, general terms. First, the VBA’s “Transformation Strategy” contains 40 initiatives that the VA claims will reduce the backlog by 40 to 60%. Second, the VBA’s “Transformation Roll-Out” will implement “changes in People, Process, and Technology through a deliberate process.”  Third, the “VBA’s Transformation End State” provides a projection of how the disability compensation claims system will look and operate when it has been successfully established by the VBA.

The VA Claims Transformation Homepage may be accessed at: http://benefits.va.gov/transformation/. More interesting, however, will be the inevitable Government Accountability Office report that will explain the system’s effectiveness. Stay tuned for 2014, when that report will provide the low down on how the VBA’s on-paper (or rather, not-on-paper-anymore) plan looks in practice.

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On January 16, 2013, the Government Accountability Office (GAO) released a report addressing many questions business owners have regarding the Department of Veterans Affairs’ (VA’s) VetBiz Vendor Information Pages (VIP) Program.

Business owners want figures – how many VA contract dollars go to veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs)? And what are the success rates for verification applications, requests for reconsideration, and re-verification requests?

In terms of contract dollars, the GAO report on VetBiz reported that in 2011, the latest fiscal year for which information is available, 20.5% of VA contract dollars were awarded to VOSBs (including SDVOSBs). The vast majority of this percentage went to SDVOSBs.

The GAO report on VetBiz also provided percentages of businesses successful in verification applications, requests for reconsideration, and re-verification requests. This was based on applications or requests made to, and resolved by, the VA between November 2011 and September 2012.

Of the initial verification applications processed, 61% were verified. As of September 30, 2012, the VA’s database listed 691 pending applications for verification.

Of the requests for reconsideration processed, 48% requests were successful. As of September 30, 2012, the VA’s database listed 165 pending requests for reconsideration from businesses that were denied verification.

Of the re-verification requests processed, 80% were successful. As of September 30, 2012, the VA’s database listed 131 pending reverification requests.

In addition to providing this data, which most businesses will agree is difficult to find, the GAO report on VetBiz scrutinizes the current VetBiz Program procedures. The VetBiz Program, which is new compared with other government certification programs, is still undergoing growing pains. In general, the GAO concluded that while the VA has made advances in improving its timeliness and consistency in verifying contractors’ eligibility, implementing the program government-wide is not yet a viable possibility. The report noted specifically the VA’s difficulty with creating long-term solutions for issues that arise in the VetBiz Program.

The January 16, 2013 GAO report may be accessed at: http://www.gao.gov/assets/660/651281.pdf. Also, I maintain a frequently-updated webpage on VetBiz verification FAQs, gleaned from my practical experience as a certified VetBiz counselor.

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For residents of the D.C. area, it’s a shame to miss out on Inauguration Day. After all, Americans travel from all over the country for this event, while we live mere miles from the White House.

Prior to inauguration, I was completely aware of this fact. I was also, however, wary of the hours-long lines to enter Pennsylvania Avenue, the frostbite-inducing temperatures, and the formidable security guards. Just because we might not have to drive as far to arrive there, that doesn’t mean the inauguration itself doesn’t have the same inconveniences as it does for a distant traveler.

Luckily, I was fortunate to receive an invitation to attend an inauguration party hosted by area law firm Mintz Levin Cohn Ferris Glovsky and Popeo, PC. Its offices, located across from the National Archives, overlook the parade route. This means, importantly, that I did not have to crane my head to glimpse President Obama’s bulletproof limousine as it spent ten seconds passing by; and it also meant that I did not have to freeze (and stand) while listening to the inaugural address. Instead, the address came to me courtesy of a large screen and capable speaker system. Mimosas were bottomless, and cardboard cutouts of our President provided an amusing photo opportunity. All in all, Mintz and Levin truly outdid themselves, and I was honored to be invited.

Now that I am back home, I feel a tad bit guilty for my initial ambivalence. When I was watching the inauguration, the cameras panned over the thousands of people gathered in our Capital to witness this moment. These people knew that they would be waiting for hours to gain access to Pennsylvania Avenue, that they probably wouldn’t be able to hear the President, and that Porta-potties would be scarce.

But still, they came. And they were grateful to be there, and to be a part of this moment in history.

As for me, I hadn’t planned to take part in the inaugural events. I thought everything would be too much – the crowds, the wait, the cold. It wasn’t until I received an invitation to a party that I decided to come into the city. To not attend would have been my choice, but I know I would have regretted it. Seeing the swarms of people gathered to see the swearing in of President Obama illustrated that for me.

Though it is nice to be warm, and it is nice to sit, the important thing is to participate.

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Patriotic dessert at Mintz Levin event

View from Mintz Levin offices