Mid-Atlantic Regional Group
Blinded Veterans Association
RAO Bulletin Update 1 December 2007:
RAO Bulletin Update
1 December 2007
How Much Is A Billion?
VA RETRO PAY PROJECT UPDATE 10: Many retirees have been frustrated for months by a lack of information on the VA Retro Pay program coming from the Defense Finance and Accounting Service (DFAS). And for some this frustration turned to anger when a 15 NOV self-imposed deadline for DFAS was not attained. The deadline was to complete a review of pay records for 133,000 disabled retirees, that original pool of retirees potentially eligible for retroactive "concurrent receipt" payments was missed without explanation. The retro pay program, which so far has paid catch-up amounts worth $200 million to disabled retirees, has been marred by several missed deadlines and shoddy communication. But those failings will be addressed, a senior DFAS official vowed in a 28 NOV interview with Military Update. Monies due retirees resulted from a period when DFAS and the Department of Veterans Affairs were still debating how to implement Combat-Related Special Compensation (CRSC) and Concurrent Retirement and Disability Pay (CRDP). The pays were enacted in 2003 and 2004 to begin to dismantle a ban on concurrent receipt of military retirement and VA disability compensation. VA and DFAS still struggle with the complexity of the payments, particularly with compensating eligible retirees retroactively. Individual retro payments so far have averaged about $1,800.
DFAS and VA officials, when they launched the VA Retro Pay effort in SEP 06, said all payments would be made within a year. In August, as that year drew to a close, officials said all but 33,000 files had been reviewed. DFAS set a new deadline of mid-November to fully pay the original pool of eligible retirees, many of whom are owed thousands. DFAS officials now acknowledge that they didn’t have a firm grasp on the facts when they revised that deadline three months ago. As of 15 NOV, a total of 48,760 files of disabled retirees still needed to have pay reviews completed to determine retro pay eligibility. Also, DFAS officials say they don’t have enough facts yet to set a new completion of payment deadline. Lee Krushinski, the senior executive has been acting director of operations for DFAS for three weeks, since replacing Patrick Shine who retired 31 OCT. He said, "We have not met customer expectations. I personally find that unacceptable and apologize to all the VA Retro-eligible recipients." Krushinski promises to address VA Retro Pay problems. One of his first steps is to improve communication. Letters are being sent immediately to all retirees with files being reviewed and to 46,000 retirees whose files have been reviewed but have no back pay due. It is "just unacceptable" that these retirees weren’t informed earlier. Communication with our customers was not what I would call adequate, at all," he said.
The missed deadlines, and the inaccurate statements on progress made earlier by DFAS and VA officials, were blamed in part on a misunderstanding of data being supplied by Lockheed Martin, the contractor hired to review files and calculate payments. The payments reported by Lockhead often only partially compensated retirees for total retro pay due. For example, some retirees are eligible for both CRSC or CRDP and can switch between the programs each year based which will pay more for their personal circumstances. A retiree might be due two or three payments. DFAS officials had misinterpreted Lockheed’s monthly payment totals to mean total retiree pay files reviewed and cleared. This fooled Pat Shine before he retired. It also left Thomas J. Pamperin, deputy director of the VA compensation and pension service, misinformed. These two senior officials routinely briefed the media on progress with the program. Krushinski said he too misunderstood the data when briefed on VA Retro Pay just a few weeks ago. It was only after he "sat down with everybody and really went through the numbers, drilling into them, that I definitely saw the problems we have here." Wrong numbers given "the media," he said, "led many people to believe we were closer to finishing the project than we actually were." Lockheed Martin personnel trained to screen retiree pay files have cleared 128,000 payments through 15 NOV. But only 84,300 potentially eligible retirees from the original 133,000 pool have had pay files reviewed. Lockheed has been told to raise the number of full-time personnel hired for the project by 16, to reach 98 in December, an official said. Another factor for November’s missed deadline was computer software developed to automate retro pay calculations. It had an error rate of 17% and had to be scrapped. "We really counted on that automation to allow us to get out of manual processing," Krushinski said. DFAS officials couldn’t explain why that information wasn’t shared with retirees before now. [Source: Stars & Stripes 1 Dec 07 Tom Philpott article ++]
WREATHS ACROSS AMERICA: The Department of Veterans Affairs' national cemeteries will again participate in this year's annual Wreaths Across America initiative scheduled to take place at noon on Saturday, 15 DEC 07. That date marks the 16th anniversary of Maine wreaths being donated to decorate the graves at Arlington National Cemetery and the second year of a national campaign, dubbed Wreaths Across America, that will bring the same remembrance wreaths to over 230 National and State Veterans cemeteries and monuments across the nation. The Worcester Wreath Company has donated 5,000 wreaths for placement by volunteers on gravesites in Arlington National Cemetery, in a mission to Remember - Honor - and Teach the value of freedom in the world today. Participants include veterans groups, companies, school children and individuals. The truck carrying the wreaths, flanked by a contingent of Patriot Guard Riders, is scheduled to arrive at Arlington National Cemetery at 9:00am. The volunteers will then lay the wreaths, and a ceremony will be held at the Tomb of the Unknown Soldiers at noon. This year, all 125 VA national cemeteries will participate with wreath-laying ceremonies for six wreaths - one for each Service and one for POW/MIAs. The wreaths are made and decorated by the employees of Worcester Wreath Company. Through this program, company president Morrill Worcester wanted to recognize veterans, active duty military, and their families. For more information on this event, refer to: http://wreaths-across-america.org/civil- air-patrol. html. [Source: NAUS Weekly Update 20 Nov 07 ++]
SOCIAL SECURITY MYTHS: Following are five myths about the causes and impact of Social Security’s anticipated Insolvency:
1. Social Security isn't a big-deal problem because, absent any change, the system will be able to pay 75% of promised benefits in 2041. Even those reduced benefits would be larger, in real terms, than what current retirees receive: Those numbers are correct; the implication isn't. Social Security represents the only source of income for one-third of elderly households and more than half the income for another third. No one wants to see those benefits suddenly slashed by a quarter -- least of all those who care about preserving what Franklin Roosevelt called "some measure of protection . . . against poverty-ridden old age."
Advocating thumb-twiddling as sensible strategy ignores the reality that acting sooner spreads the burden of change across more generations, allows changes to be phased in gradually and lets future retirees plan ahead.
2. Social Security isn't a big deal because the shortfall is small (less than 2% of taxable payroll), smaller when measured as a share of the economy (less than 1%of gross domestic product): The shortfall is small, and it's a lot smaller than the Medicare shortfall. But increasing taxes or cutting benefits by an amount equal to 2% of payroll shows only what it would take to make Social Security solvent if that change were made immediately. Even then, this is only the amount needed to shore up the program for the 75-year actuarial period, leaving it suddenly strapped for cash at the end of that time. Waiting decades would require a much bigger tax bite or benefit cut. Social Security isn't the biggest budgetary challenge, but it's the largest single federal program and the most easily fixable.
3. Social Security isn't as big a deal as it was a few years ago because the insolvency date has been pushed back, from 2029 (the projection in 1996) to 2041 (the projection this year): The projections have improved, but the problem remains. Those who thought Social Security was a significant problem in 1996 with insolvency projected in 33 years can't cavalierly dismiss the matter today with insolvency projected in 34 years. The bottom line is that the long-run outlook has remained virtually unchanged for the last thirteen years.
4. Social Security isn't a big deal because the trustees' projections are based on unduly pessimistic assumptions, including anticipated economic growth that is slower than has been the case for the past several decades: The projected slowdown in economic growth is based largely on the slower growth of the workforce, which is inevitable unless fertility rates or immigration soar beyond all predictions. Better-than-expected growth cuts both ways: It increases the amount of payroll taxes coming into the system but also the amount of benefits owed. Even if the economy were to grow significantly faster than predicted, that growth would push insolvency back by only six years. Weighing in the opposite direction: The trustees' projections on life expectancy may be too low -- good news overall, bad for Social Security. Yes, the trustees' optimistic scenario shows Social Security solvent for more than 75 years, but that is so unlikely (fertility would have to return to pre-1970s levels, for one) that Social Security puts the chances at less than 2.5%. Furthermore, Social Security's intermediate projections are in line with those of other experts. "There is a greater than 99% probability that total outlays over 100 years will exceed total revenues," the Congressional Budget Office found last year.
5. Social Security wouldn't be a big deal if politicians would stop raiding the trust fund for other purposes, such as financing President Bush’s tax cuts: This point conflates the Social Security shortfall with the larger question of fiscal discipline: using the trust fund to underwrite current spending (especially Bush's unaffordable tax cuts) and mask the real deficit. Eventually, the government's borrowing is going to have to be repaid, adding budgetary pressure at precisely the wrong time -- a strong argument for a more prudent fiscal policy. But Social Security would face the same shortfall even if the now-forgotten lockbox had not been picked. [Source: Washington Post Ruth Marcus article 28 Nov 07 ++]
AGENT ORANGE LAWSUITS UPDATE 11: On 19 NOV Acting VA Secretary Mansfield approved a notice for publication in the Federal Register to rescind provisions of its Adjudication Procedures Manual, M21-1 that were found by the U.S. Court of Appeals for Veterans Claims (CAVC) not to have been properly rescinded. The notice can be reviewed in the 27 NOV issue (Volume 72, Number 227) Page 66218-66219. The notice in effect says that since a 2001 change to the manual’s 1991 provisions has been ruled illegal by the CAVC it would be further changed if the VA lost their appeal to this ruling. The provision in question allowed veterans who received the Vietnam Service medal and served offshore in Vietnam during that war the presumption of exposure to Agent Orange in accordance with a 1991 ruling of the Veterans Court. The VA subsequently changed the rules in their M-21 manual in 2002 taking away this right which brought on the Haas v. VADC-Nicholson lawsuit which the VA lost and is currently appealing. Now the VA is seeking to correctly alter the M-21 provisions by giving notice and a time for comment as required when an agency makes a "substantive change".
The VA is in effect trying to wipe out both the 1991, and 2002 M-21 manual provisions laying the groundwork for a new provision which will allow the VA to continue denying Blue water Navy the
same rights as their fellow veterans who received the Vietnam Service medal. And at the same time they say that if they win their appeal to the Federal Courts, they will withdraw this change and keep the M-21 change of 2002 which denies presumption of exposure. Bottom line either way NO COMPENSATION for Blue Water Navy veteran’s Agent Orange related disabilities. Veterans are encouraged to exercise their right to comment on the change. Written comments must be received by VA on or before 28 JAN 08.
They may be submitted through online at http://www.Regulations.gov; or by mail or hand-delivery to the Director, Regulations Management (00REG), Department of Veterans Affairs, 810 Vermont Ave., NW. Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. Comments should indicate that they are submitted in response to ``Rescission of Manual M21-1 Provisions Related to Exposure to Herbicides Based on Receipt of the Vietnam Service Medal.'' Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 08-1630 M-F (except holidays). To review call (202) 273-9515 for an appointment. In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at http://www.Regulations.gov. [Source: http://www.valaw.org Editor Ray B Davis Jr. 27 Nov 07 ++]
VA CLAIM BACKLOG UPDATE 13: New records show the Department of Veterans Affairs fell further behind this year in its attempts to give veterans timely decisions on their disability claims,. The latest numbers are in an annual report the VA prepares for Congress detailing a range of short- and long-term goals for its disability, health and other benefit programs. Overall, the agency either has fallen behind or has made no progress in improving its performance in more than half of what it lists as its key goals. In the benefits measure the VA has said is ''most critical to veterans'' -- the speed of processing disability claims -- the agency lost ground for the third year in a row. Moreover, McClatchy News Service has found that the VA put a positive spin on many of its numbers and in two instances provided Congress with incorrect or incomplete figures. The agency said it took an average of 183 days to process a claim in fiscal 2007, longer than in any of the five years tracked in the report. Processing exceeded its 2007 goal of 160 days and its long-term goal of eventually reducing processing time to 125 days.
Congress and veterans closely watch the time it takes the VA to process claims, and the agency has vowed in previous years to pick up the pace. When it was asked about its processing speed last year, for example, the VA told McClatchy that hiring new workers would help it increase production and decrease its backlog of claims in 2007. In fact, processing time increased by an average of six days, and the backlog of pending claims rose from 377,681 to 391,257, the agency's records show. The VA said this week that it was aggressively tackling the issue, hiring more than 1,000 workers, boosting overtime and revamping training. The agency also said it was receiving more disability claims than it had at any time in recent history, and that it had received more than it had expected in 2007. Beyond that, the agency said that meeting or exceeding its goals wasn't always the best measure of success. ''The VA sets goals to measure how we are doing so that we can continuously improve performance,'' said Bob Henke, the assistant secretary for management. ``We use goals to move and improve performance.'' But for Sen. Patty Murray (D-WA) the report is more evidence that the agency hasn't been upfront with Congress about its performance or its needs. Murray, a member of the Senate Veterans' Affairs Committee said, "It is extremely frustrating to hear the song and dance that we are doing better when the reality is we are not. I want to say I'm surprised. But I'm not."
In many sections of the report, the VA looks past the missed goals to put the best face on its efforts.
The VA reports that 95% or more of outpatient visits are scheduled within 30 days of patients' desired dates, a fact it's touted to Congress repeatedly. The agency's inspector general, however, found this year that only 75% of the visits it examined took place within 30 days. The VA said it didn't agree with that finding and was examining the issue. The VA also claimed that customer-satisfaction ratings by inpatients at VA hospitals are 10 points higher than ratings from private-sector hospitals. In fact, the number the agency used as a comparison is wrong, and as a result the advantage for VA hospitals is half as big as the VA claims. The VA said that the mistake was made by a transposition error and they will be fixing that as soon as possible. [Source: McClatchy News Service Chris Adama article 28 Nov 07 ++]
MEDICARE UPDATE 05: The increasing cost of health care, driven primarily by the cost of emerging medical technologies, is a greater threat to the financial sustainability of Medicare than the aging of baby boomers, according to a recent Congressional Budget Office (CBO) report. The Long-Term Outlook for Health Care Spending, released this month by the CBO, projects that medical coverage for a growing aged population will account for only 25% of Medicare spending growth through 2030. On the other hand, the rapid growth of health care spending, rooted in the rising cost of medical technology and increased use of services, will account for 75% of Medicare spending increases through 2030, and 90% through 2082. The CBO predicts that by 2082 spending on Medicare and Medicaid alone could account for one-fifth of the nation's gross domestic product. The projections, which were 50% higher than those released by the Medicare trustees, left federal regulations unchanged to demonstrate the long-term fiscal effects of current Medicare and Medicaid policy, which the report describes as "unsustainable". The CBO recommends expanding research on cost-effective care and reimbursement methods that provide incentives for low-cost interventions and penalize providers who opt for high-cost and unnecessary care. According to Peter Orszag, director of the CBO, between 5 and 50% of health care spending could be eliminated without harming health outcomes, with 30% given as a common estimate. In response to the report, Senator Max Baucus (D-MT) and chairman of the Finance Committee, vowed to jump-start hearings on health care costs and methods to overhauling the health system. He concluded that finding ways to make the health care system more efficient and cost-effective will reduce costs for all health care users, public and private, and . . . will pave the way toward getting Federal spending truly under control. [Source: Medicare Rights Center Newsletter 27 Nov 07 ++]
VISTA BUSINESS CONCERNS: Microsoft is struggling with business concerns over their Vista operating program. The majority of IT professionals worry that migrating to Windows Vista will make their networks less stable and more complex, according to a new survey. Ninety percent of 961 IT professionals surveyed said they have concerns about migrating to Vista and more than half said they have no plans to deploy Vista. "The concerns about Vista specified by participants were overwhelmingly related to stability. Stability in general was frequently cited, as well as compatibility with the business software that would need to run on Vista," said Diane Hagglund of King Research, which conducted the survey for systems management vendor Kace. The survey, echoing one from Forrester last week, shows most IT professionals are worried about Vista and that 44% have considered non-Windows operating systems, such as Linux and Macintosh, to avoid the Microsoft migration. "Clearly many companies are serious about this alternative, with 9% of those saying they have considered non-Windows operating systems already in the process of switching and a further 25% expecting to switch within the next year," the report "Windows Vista Adoption and Alternatives" reads. Macintosh leads the pack of Vista alternatives, with support from 28% of respondents. About a quarter said they would opt for Red Hat Linux, with SUSE Linux and Ubuntu each garnering 18% of the vote. Another 9% cited other Linux operating systems and 4% were unsure. IT professionals also said that virtualization is one of the technologies making a move away from Microsoft possible. About two-thirds reported that the use of virtualization has made it easier to implement an alternative. Yet heterogeneous systems management could be a barrier to going with a provider other than Microsoft, the survey found. Respondents reported that challenges include the need to manage multiple operating systems (49%) and the need to learn a different set of management tools (50%). Sixty percent manage their Windows systems with tools that don't support non-Windows environments. "Almost half of all participants (45%) cited challenges with system management in non-Windows operating systems as preventing them from adopting" alternatives, the report states. [Source: Federal Report 11-20-2007 ++]
VA HOSPICE CARE UPDATE 01: Hundreds of hospice providers across the country are facing the catastrophic financial consequence of what would otherwise seem a positive development: their patients are living longer than expected. Over the last eight years, the refusal of patients to die according to actuarial schedules has led the federal government to demand that hospices exceeding reimbursement care limits repay hundreds of millions of dollars to Medicare. The charges are assessed retrospectively, so in most cases the money has long since been spent on salaries, medicine and supplies. After absorbing huge assessments for several years, often by borrowing at high rates, a number of hospice providers are bracing for a new round that they fear may shut their doors. In the early days of the Medicare hospice benefit, which was designed for those with less than six months to live, nearly all patients were cancer victims, who tended to die relatively quickly and predictably once curative efforts were abandoned. But in the last five years, hospice use has skyrocketed among patients with less predictable trajectories, like those with Alzheimer’s disease and dementia. Those patients now form a majority of hospice consumers, and their average stays are far longer — 86 days for Alzheimer’s patients, for instance, compared with 44 for those with lung cancer, according to the Medicare Payment Advisory Commission.
The commission, which analyzes Medicare issues for Congress, recently projected that 220 hospices
— about one of every 13 providers — received 2005 repayment demands totaling $166 million. The National Alliance for Hospice Access, a providers’ group that is lobbying for a three-year moratorium on the collections, places the numbers at 250 hospices and $200 million. Because fewer than a tenth of all hospice providers have faced repayment, Medicare officials suggest that management might have been an issue. But Lois C. Armstrong, president of the hospice access alliance, said that if the cap on Medicare reimbursements was not lifted, the availability of care would tighten at a time when demand for hospice care was exploding and when new research suggests it saves money for the runaway Medicare program. Medicare’s coverage of hospice, which began in 1983, has become one of the fastest growing components of the government’s fastest growing entitlement. Spending nearly tripled from 2000 to 2005, to $8.2 billion, and nearly 40% of Medicare recipients now use the service. To be eligible, patients must be certified by two doctors as having six months or less to live, assuming their illness runs a normal course. They must agree not to bill Medicare for curative procedures related to their diagnosis. Medicare, which pays the vast majority of hospice bills, reimburses providers $135 a day for a patient’s routine home care. The hospice is then responsible for providing nurses, social workers, chaplains, doctors, drugs, supplies and equipment, as well as bereavement support to the family.Studies have reached various conclusions about whether hospice care actually saves money, especially for long-term patients. But a new study by Duke University researchers concluded that it saved Medicare an average of $2,300 per beneficiary, calling hospice "a rare situation whereby something that improves quality of life also appears to reduce costs." In 1998, Congress removed limits on the number of days that an individual could receive Medicare hospice coverage, a move that encouraged physicians to refer terminal patients. But lawmakers did not remove a cap on the aggregate amount that hospice providers could be reimbursed each year, a measure designed to contain the program’s cost. A hospice’s total annual reimbursement cannot exceed the product of the number of patients it serves and a per-patient allowance set by the government each year ($21,410 in 2007). For reasons that are not fully understood, problems with the cap have been most prevalent at small, for-profit hospices in Southern and Western states like Mississippi, Alabama and Oklahoma. Those programs typically have had higher proportions of noncancer patients and, thus, longer lengths of stay. But the Medicare advisory commission’s analysis also determined that the average length of stay in the cap-busting programs was significantly higher for all types of patients, including those with cancer. Herb B. Kuhn, the deputy director of the Center for Medicare and Medicaid Services, said that finding was attracting attention at the center, which is eager to keep the hospice care benefit from morphing into a long-term care entitlement.
Among the matters meriting review, he said, is whether doctors have been premature in certifying patients as terminal. Medicare has issued disease-specific guidelines for the certifications, which must be made by both a personal physician and the hospice medical director. A number of hospice providers said ethical and legal constraints would prevent them from discharging patients who outlived their profit potential. But some said they sometimes delayed admission for those patients with illnesses that might result in longer stays. Like other providers, Richard R. Slager, the chairman and chief executive of VistaCare, which is based in Arizona and has programs in 14 states, said his company now aimed its marketing at cancer patients. After being hit with $200 million in cap charges over four years
— the equivalent of a year’s revenues — Mr. Slager said he chose to close or sell 16 of 58 hospices. Some providers have survived only by aggressively recruiting new patients, using this year’s Medicare reimbursements to pay off last year’s cap charges, while stalling for Congressional relief. [Source: New York Times Kevin Sack article 27 Nov 07 ++]
VA CLAIM REPRESENTATION UPDATE 04: The recent gathering at Sidley Austin, a firm with 1,700 lawyers around the globe, is part of a growing effort to provide free legal help to thousands of veterans returning from Iraq and Afghanistan who are trying to win disability benefits from the Department of Veterans Affairs (VA). At the meeting which was covered by video to beam the meeting to other big law firms from Boston to Seattle lawyers were getting a tutorial in the arcane vagaries of veteran’s law. "There are 100,000 veterans seeking benefits, and too many of them are waiting too long to get them," says Ron Abrams, who, with Bart Stichman, directs the National Veterans Legal Services Program, a non-profit group in Washington spearheading the effort. "These lawyers are going to treat these veterans the way they would treat their corporate clients." The approach marks the first time since the Civil War that attorneys have been recruited in large numbers to represent veterans. The lawyers hope their legal expertise will speed consideration of claims and result in better benefits for veterans, Stichman says. More than 50 of the largest law firms in the USA and more than 400 attorneys have signed up. Stichman and Abrams hope to start assigning veterans to the attorneys early next month.
Amanda Smith, an attorney with the Philadelphia-based firm Morgan Lewis, says many of the participating lawyers are Vietnam veterans and "are appalled at the circumstances that they find veterans in today." Besides the push by big law firms, law schools in states such as the Carolinas, Virginia, Delaware, Michigan and Illinois also are offering free services to veterans. Craig Kabatchnick, who worked as a VA appellate attorney from 1990 until 1995, launched a clinic last January for veterans at North Carolina Central University's law school, where he now teaches. "We had all kinds of veterans who were very disabled, litigating against trained attorneys like myself who were defending the VA," Kabatchnick says. The VA would "win" if the claim was denied, Kabatchnick says. "Did we litigate to win? Absolutely. In cases where the veteran was representing himself, the VA win ratio was very high." Paul Hutter, the VA's general counsel, says its attorneys have an ethical obligation to fairly and justly review claims and settle meritorious cases quickly. "Our job is to ensure that veterans get the benefits allowed them by law," he says in an e-mail. Disability claims have increased from 578,773 in fiscal 2000 to 838,141 this year, according to VA figures. There are about 407,000 pending. The average processing time is 177 days, the VA says. Traditionally, veterans have represented themselves or sought assistance from a service organization, such as the American Legion or the Veterans of Foreign Wars. But many of the caseworkers in those groups are overloaded with cases, Stichman says, and sometimes one volunteer oversees 1,000 veterans' claims.
The approach has not led to quick compensation for veterans. Evidence supporting a veteran's claim
— medical records or letters from colleagues — is not always submitted with the original claim. When that evidence is added later, it can lead to reversals or requests for reconsideration. That can add more than a year to the appeals process, the VA says. The Board of Veterans' Appeals either reverses or orders reconsideration of decisions made by VA regional offices 56% of the time, according to an analysis of VA figures by Stichman's group. Congress has long kept attorneys at arm's length from the veterans' disability process. Until last June, when federal law changed, paid attorneys could not work on cases until after a final decision by the Board of Veterans' Appeals. The VA is now considering regulations that would require all attorneys to pass a test in order to qualify to handle veterans' claims, according to Phil Budahn, a department spokesman. Service organizations, including the Disabled American Veterans and Veterans of Foreign Wars, vigorously fought the change in law. They are now pushing to repeal the law and support requiring a test, arguing that lawyers could turn what is supposed to be a non-adversarial process into a litigious one. "The fear was lawyers will dominate, and they'll ruin everything," says Thomas Reed, a law professor at Widener University in Wilmington, Del., who began offering free legal services to veterans in 1997. Joe Violante, national legislative director of the Disabled American Veterans, which represents 1.3 million veterans, says trained volunteers from the service organizations are far more experienced at representing veterans' claims than the newly recruited lawyers. "If the veteran is under the impression that an attorney is going to get their claim through faster, there's no proof of that," he says. Ron Flagg, a Sidley attorney involved in the pro bono veterans' project, says there are so many claims that the system is overwhelmed. "Lawyers are not the cure to all ills," he says. "But this is a problem where lawyers can be helpful." [Source: USA TODAY Laura Parker article 27 Nov 07 ++]End of Document