How Congress can make sure veterans receive the benefits they deserve
By Ryan Costello
Read it in the Washington Examiner.
Over the past decade, Congress has made significant strides in protecting our veterans. As a former member of the House Committee on Veterans' Affairs , it was my job to help develop legislation aimed at supporting our veterans and provide oversight of the executive branch, specifically the Department of Veterans Affairs. As hard as members of both parties have worked over the years, there is still an incredible amount of work to be done. Namely, we must improve the ability of our veterans to get timely and orderly access to their VA benefits upon returning to civilian life.
VA benefits are a vital part of how we as Americans show our appreciation for the sacrifices our men and women in uniform make to keep us safe. However, obtaining these VA benefits has long been a struggle for newly inactive members of our armed forces. The VA, like many government agencies, doesn’t make this process easy, and understaffed but well-intentioned veterans service organizations, or VSOs, staffed by volunteers with many different duties, often leave veterans searching for other options to obtain the benefits they rightfully deserve.
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The VA is overwhelmed by a six-figure backlog of unaddressed disability claims. This actively endangers our veterans. VSOs offer free VA claims preparation assistance, but many veterans have expressed frustration navigating the system even with their help. While the intention of these VSOs is noble, veterans have made it clear they want more options and more assistance, not less.
Congress is currently debating two pieces of legislation that attempt to help our veterans navigate the VA without being exploited by bad actors: the GUARD VA Benefits Act , which has been introduced in past Congresses, and a new approach, the Preserving Lawful Utilization of Services Act of 2023, introduced this week by Rep. Jack Bergman, a retired three-star general and the highest-ranking combat veteran to ever serve in Congress.
The GUARD Act is being touted as legislation that would protect our veterans by instituting strict penalties on companies that charge a fee for assisting veterans with their initial benefits claims or appeals. These proposed penalties were reintroduced this month in the House as an effort to amend Title 38 of the U.S. Code.
There are several problems with this bill. First, the GUARD Act reforms imply that “unaccredited,” private, for-profit companies are inherently exploitative. This is simply not the case. In fact, Americans have long relied on private companies to help them navigate the federal bureaucracy. Where would millions of taxpayers be without the benefit of companies such as TurboTax to help them make sense of the IRS?
Private companies have the capability to deliver results where nonprofit groups and government agents are overwhelmed or ill-equipped. Many of these companies offer full support and assistance with screenings, benefit eligibility counseling, and working with the veteran to aid in compiling all necessary information for disability claims submission and appeal.
I believe the intent of the GUARD Act is to protect veterans, but it does not accomplish this as written. Unfortunately, this bill outcasts and criminalizes reputable private companies, many of which are veteran-owned and operated, the priorities of which are to help veterans when they need it most.
Alternatively, the PLUS Act of 2023, introduced by Bergman, is a thoughtful and more comprehensive version of the GUARD Act. It is an all-encompassing bill that, first and foremost, provides veterans with the protections they need to receive VA benefits while supporting their right to select alternative methods through the private sector if they so choose. It includes safeguards and protections for veterans seeking counsel from private companies while establishing a strict accreditation process to eliminate bad actors, offering veterans a safe and effective way to garner the VA benefits they rightfully deserve.
Bergman’s proposed legislation ensures that veterans are aware of other options for filing assistance, such as VSOs, to prevent conflicts of interest and imposes caps to prevent unreasonable fees. These appropriate protections should be put into place to best serve our men and women in uniform upon returning to civilian life.
As a former member of Congress, I feel it is my duty to share my concerns with the reintroduced GUARD VA Benefits Act and show my support for the newly introduced PLUS Act. Our service men and woman deserve the very best this nation has to offer for the sacrifices they have endured. We can accomplish that by allowing veterans to choose how they navigate the VA benefits process.
As the 118th Congress gears up, I hope our representatives will strongly consider the PLUS Act and support our veterans by ensuring they have timely, adequate access to healthcare and counsel.
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Ryan Costello is a former U.S. representative for Pennsylvania. He served on the Veterans' Affairs Committee.
