by Sarah Schauerte
Today I received an email from the Center for Verification and Evaluation (CVE). I wasn’t surprised, as I had recently heard of many veterans advocates and organizations receiving similar ones.
I simply hoped it wasn’t true. This new development hurts every veteran applying for VetBiz verification that needs guidance.
Here’s what the email said:
“Dear Ms. Schauerte
CVE is highly supportive of the Verification Counselor program as this program provides a valuable service to Veterans who are going through the application process. CVE provides responses to counselor inquiries as a means to inform applicants about the Veterans First Contracting Program. However, 5 CFR § 2635.702(c) prohibits agency endorsements of any product, service or enterprise. Accordingly, CVE’s resources are not available to certified Verification Counselors who are currently accepting fees for their counseling services. CVE Certified Counselors found to be charging a fee will be removed from the VETBIZ website.
A review of organizations listed on the VETBIZ website was conducted. Your website (https://legalmeetspractical.com/va-vetbiz-verification-program/va-vetbiz-applications/) indicates a fee is being charge for Verification Counselor services. In light of this, your name has been removed from the VETBIZ website as a CVE Certified Counselor.
Kind regards,
Center for Verification and Evaluation (CVE).”
Here’s the issue. I never charge for initial consultations and am always happy to help with questions (which is what being a counselor entails – note that the CVE stated that “a fee is being charge[d] for Verification Counselor services, but that is inaccurate). I chose this career for a reason – I am a veterans advocate and I care about the veterans. However, I cannot work for free, always, and afford to live. As such, I charge if I am spending hours upon hours putting together a VetBiz application or a request for reconsideration. This is helpful for both me and for veterans – I am able to make a living doing something about which I am passionate, and veterans receive much-needed guidance.
In reality, this change will likely affect me little because I am easy to find through my website. I appreciate being listed, but it’s not necessary.
However, veterans who are relying on the CVE’s website to find a counselor will have difficulty. That is incredibly frustrating because the VA is completely misconstruing the regulation [5 CFR § 2635.702(c)] it relies upon in removing “paid” counselors. This statute states: “An employee shall not use or permit the use of his Government position or title or any authority associated with his public office to endorse any product, service or enterprise.” No individual employee is involved in this situation, and a review of the case law shows cases where an individual government employee was acting, not a department as a whole.
Further, listing counselors on the CVE’s website or providing answers to their questions (inquiring into the regulations, to relay to veterans) in no way endorses them. The CVE disagrees with this – I saw one response to a “fee-based” counselor’s question where the response was essentially, “sorry, we can’t give you an answer. That would be an endorsement.” If the CVE still thought that posting the counselors online constitued an “endorsement,” it could spend thirty seconds posting a disclaimer stating that the listing does not constitute an endorsement.
Last, the statute goes on to provide an exception to the general rule against endorsement: “(No agency employee may endorse except…) As a result of documentation of compliance with agency requirements or standards or as the result of recognition for achievement given under an agency program of recognition for accomplishment in support of the agency’s mission.” (5 CFR 2635.702(c)(2)). This exception applies!
Here, these counselors have received training by the CVE in order to become qualified as counselors, and they must pass an examination prior before being listed on the website. They are also in most cases not charging a fee – I don’t know of any counselor who charges a veteran who calls with questions about the VetBiz process. I myself have fielded about ten calls over the last few months, and I never charge for those types of initial consultations. Now, because of the CVE’s application of this regulation, veterans will have far fewer resources to turn to in attempting the verification process.
If the counselors being removed were ones that always charged a fee, I could to a degree see where the VA is coming from (even if it was still misapplying the regulation). However, this isn’t the case.
This development is a huge step backwards, and I urge veterans and advocates to contact Tom Leney, the Executive Director for Veterans and Small Business Programs, at
[email protected]. I also ask you to please pass this article on.
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I have absolutely fairh in the Veterans Administration from wither their Health care or their Vet Biz activities. My thoughts are that they should be called Veterans Last. We need a change of government now.