Legal Meets Practical

As you may know, the VA’s Center for Verification and Evaluation (“CVE”), which deems firms to be service-disabled veteran-owned small businesses (“SDVOSBs”) or veteran-owned small businesses (“VOSBs”) for purposes of competing for set-aside contracts issued by the VA, recently announced that it’s implementing a three-year verification rule. It’s simple: March 21 and beyond, get in the program, get three years instead of two.

Now, however, the CVE has announced that everyone already in VetBiz gets the three years. If you check out your profile, the expiration date isn’t a mistake – you’ve been extended for another year.

Not to look a gift horse in the mouth, but this change is likely due to the CVE drowning in the backlog created by its new, convoluted and inefficient process that was implemented in September. (The CVE claims the backlog is due to the Kingdomware decision, but how many companies can really have jumped on the bandwagon after that? Most companies affected are already in VetBiz. And at any rate, shouldn’t the CVE have increased the number of examiners and taken reasonable measures to deal with an influx?).

If you are listed in the VetBiz registry, here is what you should know, based on your verification status:

1. If you have submitted your reverification application but no one has contacted you yet (i.e., you have not yet been assigned an examiner), you don’t need to do anything. You will be administratively withdrawn and an extra year applied to your verification. (Just make sure you check your profile to confirm the new date).
2. If you have submitted your reverification application and a case analyst has contacted you, you may go through the reverification process and receive your new three-year period. However, if you don’t feel like putting yourself through the trouble right now, you can withdraw and take advantage of having another year.
3. If you are in VetBiz and are not yet up for reverification, your verification period has been extended for another year.
4. If you have applied for VetBiz for the first time, you will be verified for three years assuming your application is successful.

Here is the VA’s publication on the new three-year period. (Interestingly, while this affects every single business in VetBiz, it is my understanding that no email will be sent out to alert business owners). If you have thoughts on the new three-year period or comments to share about your experience with the CVE (especially if you have encountered the new process, post September 2016), please comment below. Upon request, I am happy to make your comment anonymous or to substitute your name with a handle.

Thanks for reading, and I’ll continue to keep you posted with further changes that affect veteran-owned businesses!

*Did you find this article informative? If so, sign up for Sarah Schauerte’s legal blog at: https://legalmeetspractical.com.

I’m sure we’re all busy this Friday, so here are three VA-related news items. In the interest of brevity (despite my lawyer status), they’re all 100 words or less!

Firms VetBiz-Verified March 21st and Beyond Get THREE Years! If you’re waiting for approval of your VetBiz application, you should hope that the VA holds off for a few days. Any business that becomes verified or re-verified March 21 and beyond will be verified for a period of three years, not two.

It’s worth asking whether this change is a quick fix to appease veteran business owners who are frustrated at more substantive problems: the CVE’s requesting of invasive, irrelevant documents, 0877 headaches, long delays, and abrasive examiners (There are pleasant ones, too). These issues that have been called to the CVE’s attention many times, but no changes have been effected.

VA Institutes New Pre-Need Burial Program. A new VA program allows veterans, spouses and unmarried dependent adult children to prepare for burial in a VA national cemetery prior to the time of need. Interested individuals may submit VA Form 40-10007 Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery, along with a copy of supporting documentation of military service such as a DD214, if readily available, by: toll-free fax at 1-855-840-8299; email to [email protected]; or mail to the National Cemetery Scheduling Office, P.O. Box 510543, St. Louis, MO 63151.

VETS 17 Is In Three Months! The National Veteran Small Business Coalition (NVSBC) is an extremely constructive, professional, and well-organized veteran business advocacy group that has done much to protect veterans’ interests in the federal contract arena. The NVSBC’s annual conference is set for June 12-14 in Norfolk, Virginia. Attendees will network with prospective teaming partners and procurement officials, attend training sessions (I’m presenting on VetBiz), and learn about navigating government contracts. Especially valuable for start-ups and businesses newer to the federal contracting arena, early bird registration ends March 31. Learn more here.

That’s it! Happy weekend to all!

*Did you find this article informative? If so, sign up for Sarah Schauerte’s blog on veteran issues at: https://legalmeetspractical.com.

As many of you know, numerous states already allow veterans who suffer from post-traumatic stress disorder (“PTSD”) access to medical marijuana. Currently, twenty states (including Guam and Puerto Rico) permit medical marijuana to be used to treat PTSD. These include the following:

• Arizona
• Arkansas
• California
• Connecticut
• Delaware
• Florida
• Hawaii
• Illinois
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Montana
• Nevada
• New Jersey
• New Mexico
• North Dakota
• Ohio
• Oregon
• Pennsylvania
• Rhode Island
• Washington, D.C.
• Puerto Rico
• Guam

In addition to these states, other states are beginning to recognize medical marijuana as a legitimate means of treating PTSD. For example, laws to allow usage are in the works in Colorado, Georgia, and New Mexico. If you are a veteran or a family member who believes medical marijuana may be a viable method of treating PTSD (or if you have strong feelings against it), it may be worth looking into whether this is an item on the legislative agenda.

Furthermore, if you are an active military member, know that using medical marijuana may not be an option even if it is legal in your state. This because the military still considers marijuana a controlled substance. Someone in active duty caught using the drug could be punished and in most cases, processed for separation from the military. For someone who is not on active duty, it could still result in a discharge, which could close the door for future benefits and career options.

To be frank, medical marijuana for PTSD treatment is not an issue I have followed. I do, however, know that many have strong opinions one way or the other – some who say that it amounts to “self medication” (such as alcohol), and some who believe that it as viable a treatment method as a pill prescription. With 20 states already having signed legislation legalizing medical marijuana as treatment for PTSD, more will likely follow in the next few years.

If you’re interested in learning more about this subject – current state-based legislation, benefits and drawbacks, legal issues, etc., find a great resource here. And, as always, if you have opinions on this subject or know of further resources, please feel free to comment.

Lively discourse is, of course, legal everywhere.

*Did you find this article informative? If so, sign up for Sarah Schauerte’s legal blog on veteran’s issues at: https://legalmeetspractical.com.

As many of you may have heard, the VA’s Center for Verification and Evaluation (“CVE”) is considering an interim final rule to require firms to go through the VetBiz verification process every three years, not two. (Verification is necessary for firms interested in competing for SDVOSB or VOSB set-aside contracts issued by the VA). This is a welcome change for many, simply because the verification process is tedious and cumbersome, and it’s obviously preferable to be spared from it for an extra year.

The VA gave the following reason for the change: