States Meddle in Federal Disability Claims at Veterans' Expense

Shortly after retiring from the U.S. Navy in 2009, I received a Department of Veterans Affairs disability rating for ailments arising from 27 years of service. Today, several of those conditions have worsened so I filed for an increase in benefits this summer and await the VA’s decision. 

While Congress debates two major bills under consideration about who can help veterans file claims - the GUARD VA Benefits Act vs. PLUS for Veterans Act  in order to protect them from past instances of scammers while also limiting fees, I was stunned to learn that New Jersey unilaterally passed a state law by itself, cutting out the federal government.   

Governor Phil Murphy recently signed into law state legislation more restrictive than the proposed bills in Washington. This usurps the authority of the Legislative branch and is a blatant violation of the enumerated powers provided in Article 1, Section 8 of the Constitution of the United States. It spells out that “Congress shall have the power… to raise and support Armies.” Caring for veterans clearly falls under this category. 

In addition to being clearly unconstitutional, it comes at veterans’ expense as those in the Garden State will now be sharply limited to who can help them file claims. 

Filing for disability prior to leaving military service, or filing for an increase later, is bureaucratic, confusing, and can quickly overwhelm all but the most determined veteran. Completing multiple forms, locating, and often collecting decades-old medical records, and then submitting all required documentation, back and forth for months or years, requires strong computer, organizational and mental skills.  And plenty of free time if doing it without help.  

The veteran who is still working full-time or who has severe disabilities might be tempted to give up. In fact, I gave up on a prior application for an increase back in 2018 when I decided the required paperwork and documentation wasn’t worth the time or effort. That’s how daunting the process can be. 

For help, veterans can turn to a Veterans Service Organization (VSO). I used one to file my initial claim prior to leaving the service and my experience was positive. For my current application, I considered using a VSO again, but realize they are often understaffed and may be unable to address the current level of need. This led me to investigate using a small private consulting company for assistance, many of which are run by a service-disabled veterans. My research showed that many have provided outstanding service to veterans.  

The key difference between the GUARD Act and PLUS for Veterans Act is that PLUS will safeguard the ability of veterans to maintain multiple options and avenues of assistance when applying for VA health care benefits, incorporating a strict accreditation process to ensure private consultant businesses and VSOs are all part of the VA-approved system. 

The proposed GUARD VA Benefits Act would severely curtail those who can file claims on behalf of veterans like the new law in New Jersey, limiting it to VA-accredited attorneys or the veterans themselves. This would eliminate from the claims process these small, veteran-owned consulting businesses as well as many smaller or mid-size VSOs without funds to hire already VA-accredited attorneys. 

My analysis shows the PLUS Act as more friendly to veterans because it simultaneously seeks to protect veterans from scammers while preserving their options regarding who can help them file claims.  

This unfortunate NJ law which is worse for veterans than both the GUARD Act and PLUS Act will most certainly be challenged in federal court and overturned, however that realistically might take years. In the meantime, this disabled veteran hopes no other state will seek to follow this misguided effort to restrict options available to their veterans. 

Federal funds pay veteran disability benefits – not the states.  They should stay within the lanes of their authority and let Congress do its job.   

Scott Gureck, a retired U.S. Navy captain, most recently served as an Executive Vice President at the U.S. Naval Institute in Annapolis, Md and president, Naval Academy Class of 1986. Military assignments include spokesman for Commander, U.S. Pacific Fleet in Pearl Harbor, U.S. Seventh Fleet in Japan, and USS Independence (CV 62) during the China-Taiwan crisis of 1996. The opinions expressed here are his own.