There is broad agreement that it’s too difficult for veterans to get the disability benefits they earned and need. After valiantly serving, our nation’s heroes are forced to navigate a complex, bureaucratic and adversarial claims process at the U.S. Department of Veterans Affairs, where they are frequently denied benefits or receive lower disability ratings than deserved. That makes it particularly hard to understand why state lawmakers are considering legislation that would make it even more difficult for Nevada veterans to get help in navigating this process.
Assemblymen Reuben D’Silva, D-North Las Vegas, and Ken Gray, R-Dayton, have introduced Assembly Bill 145 with the well-intended goal of protecting veterans from unscrupulous private companies seeking to take advantage of those who apply for their benefits. Unfortunately, AB145, which was debated in a recent Assembly committee hearing at which I testified, is drafted far too broadly and would make it illegal for veterans to get advice or assistance from any private companies, including ethical services that are working hard to help veterans. It is a classic example of throwing the baby out with the bath water.
I can attest to the value provided by some of these private services based on my personal experience. After serving in the Air Force for eight years, including a deployment in the Gulf War, I left the military suffering from PTSD, breathing issues and other service-related conditions. I first tried working with a free Veteran Service Organization to apply for benefits. Despite having all of my medical records in hand, I received a 0 percent disability rating from the VA. Years later I would try again, but was told by my VSO representative that I should “go online and figure it out” for myself.
Finally, almost three decades after leaving the military, I reached out to a private service for help. They carefully examined my case, helped me reassemble my claim and, within months, I received an accurate rating from the VA and the benefits I deserve. I was happy to pay a fee for that service and would do so again.
Proponents of AB145 argue that veterans shouldn’t have to pay for a service they can get for free from a VSO. But from my experience, you often get what you pay for. Many VSOs are doing great work and that avenue should remain available for veterans. But if veterans choose to hire a private company to get additional attention and guidance in filing their claim, they should be allowed to do so. As veterans, we raised up our right hand and took an oath to fight for that freedom, among many others. It is simply wrong to take away our freedom of choice now.
There is a better way to resolve this issue. Bipartisan legislation has been introduced in Washington that would establish strict guardrails to protect veterans from bad private companies and fraudsters, imposing fee caps, transparency requirements and privacy protections, while allowing good private companies, such as the one I worked with, to become accredited by the VA and continue serving veterans. In other words, it legislates against the bad behavior, instead of against a specific type of service provider.
Ideally, Congress would move forward with this common-sense legislation and put this issue to rest. In the meantime, similar legislation has been introduced in at least 27 states and has already been enacted in Louisiana. The Legislature should reject AB145 or amend it to include similar provisions that protect veterans while preserving their choice. By doing so, Nevada can send a clear message that our top priority is to ensure veterans have access to the help they need to get the disability benefits they deserve.
Leo Garcia is a U.S. Air Force veteran. He writes from Boulder City.
