Opinion: Missouri legislation hurts veterans more than it helps

By Wes Martin

Read it in St. Louis Post-Dispatch

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In trying to solve a problem on caring for veterans, Missouri’s state Legislature is on track to create a bigger one.

Before Missouri’s Second Regular Session of the 102nd General Assembly, House Bill 1490 on veterans disability has been introduced by state Rep. Dave Griffith, R-Jefferson City. As stated up front, HB 1490’s intent is to revise existing statutes “by adding one new section relating to veterans benefits, with penalty provisions.”

As former Green Beret, Rep. Griffith certainly has the credentials to understand veterans’ needs and a track record to back it up.

As a combat veteran myself, having received my officer’s commission upon completing college and ROTC at Northeast Missouri State (now Truman) University, I fully understand Rep. Griffith’s mission objective. I also appreciate Missouri’s loyalty to the armed forces and service-members, past and present.

HB 1490 was submitted out of concern of self-serving firms and individuals trying to make a profit off the pain suffered by America’s injured and disabled veterans. Over 5 million veterans receive some federal disability benefits, so it is a major issue nationwide.

Yet wherever there is a large government or industry settlement available for illness or injury victims, self-proclaimed advocacy groups and law firms will come out of the woodwork to present themselves as the ultimate solution.

This appears to be the foundation in HB 1490, Section A, Paragraph 2’s statement which reads: “Except as permitted under federal law, no person shall receive compensation for advising or assisting any individual with regard to any veterans benefits matter.”

If approved, this mandate will make it harder, not easier, for veterans to receive proper support by limiting their options on who can help with claims.

The Veterans Administration itself already reports a backlog of up to two years. This lag would increase if the Missouri bill passes because the pool of those helping veterans will inevitably shrink.

Veterans suffering from Agent Orange, burn pits exposure, depleted uranium, loss of limbs, head trauma, and numerous other problems resulting from their answering the call of duty should not be impeded from receiving proper medical assistance and support. Trying to self-navigate through a dysfunctional bureaucracy adds stress and frustration to the pain they are already suffering. They need more help, not less.

This is where legitimate advocates can help. The key word is “legitimate.” These people, typically veteran-owned small businesses, have experience with the VA and understand the lengthy application process. They recognize when a veteran is not receiving proper attention and can step in to fix the problem. They have a network of contacts who can help move the application process along.

Many advocates do try to achieve this. Unfortunately, the abuse comes from what can be described modern-day ambulance chasers. The key is knowing how to find the good while avoiding the bad. If approved and signed into state law, HB 1490 will put out of business the smaller legitimate advocacy operations in favor of big business law firms in Washington, D.C.

To restrict all advocates because of the self-serving corruption of some is not the answer. Using my Missouri law enforcement training to make a comparison, traffic violations are not stopped by outlawing all drivers. Instead, standards are established, enforcement is conducted, violations are addressed, and violators are held accountable.

Last year New Jersey passed and implemented a draconian law which hurts veterans by restricting their choices on who can help with claims process.

Maine, Nebraska, California and now Missouri are trying to do the same. These states are trying to fix a problem that has languished for several years in the U.S. Congress. Unfortunately, that body of lawmakers is so busy fighting among themselves that they can’t even produce an annual budget to run the country without uncertainty.

One question that needs resolution is “does a state government have the authority to mandate standards concerning a federal program?” Maine and Colorado just got overruled by the U.S. Supreme Court for unlawful interference with federal activities.

Missouri is the “Show Me State.” There is an opportunity to show the rest of the country how to get something accomplished through moderation and working together.

Missouri legislators have an opportunity to help protect veterans from abusers motivated by profit under the guise of patriotism, yet the current bill is not the answer. Gov. Mike Parson should veto this flawed legislation, if it makes it that far.

Martin is a retired Army colonel and former Missouri resident with multiple tours of duty in combat, at the Pentagon and in South Korea. He lives in New York state.