Advocacy

“I am here representing 1.4 Million VFW and Auxiliary members.” - VFW Commander-in-Chief

Introduction:

While the number and particular Commander-in-Chief changes every year, the legislative power of the VFW relies on a large membership base. So, when you hear a comrade complain that the only reason VFW HQ is concerned about membership is for the dues, please remind them that dues only account for 9% of the National budget.

Membership equals voice! The larger the membership, the louder our voice. Not only that, if we lose a significant number of veterans, rather than the VFW occupying our own table while testifying we face the possibility of being relegated to testifying as part of a VSO panel. Or, the "kids table" as I like to refer to it.

VFW Commander-in-Chief Duane Sarmiento and VFW legislative staff testifying before Congress in 2024. 👊

Legislative Lightbulb

I used to be one of those annual members that thought the National leadership didn't care about the Post members. We were the boots on the ground, doing the work in the community whereas they were in the Ivory Towers of Kansas City and DC. Then I attended a few National Conventions.

Observing the resolution committees in action, attending various training sessions, and even wondering around the vendor hall, I began to see a bigger picture. I also came to the realization that during my hiatus from the VFW, the VFW never stopped fighting for me. If that was true, it could not also be true that our National organization did not care about the Posts or Post members.

The Resolution Process

I also became somewhat obsessed with the resolution process, bringing a resolution to the State Convention my last year as Commander of Post 1. It was very satisfying to help a Post member, with an idea on how to allow the honor of being buried in a US Veterans' Cemetery to former South Vietnamese Special Forces soldiers, bring his idea before the larger body and eventually be passes at the National Convention.

The following year I brought my own resolution to both Conventions as a Department officer. While that resolution was ruled "out-of-order" by the National Parliamentarian, that too served as an excellent learning experience.

Free Application For Student Aid

We all know that failure is often a great motivator. Likewise, many advocates get involved in an issue because of a personal experience. So, on the next go around, I harnessed both to bring multiple resolutions to the floor.

First, when my daughter was a high school senior and applying to colleges, I had to complete the parent portion of the Free Application For Student Aid (FAFSA). What struck me as odd was a question where I had to disclose my tax-free disability compensation. Out of curiosity, I used one of the college tuition and aid calculators and ran an experiment. Sure enough, when I added my disability as income, the college said our family could pay more than when I left the disability out. Likewise, the calculator stated my daughter's aid would go down when factoring in my disability compensation.

As we all know, disability compensation is to serve a single purpose: compensate us for our injuries and illnesses. While I knew I was stuck answering that question and it would end up being detrimental to my daughter's eligibility for financial aid, I decided to take action by drafting a FAFSA resolution to help other veterans in the future avoid my same fate. In the resolution, it was resolved that the Department of Education should remove that question.

Thankfully, the resolution was adopted and, with the endorsement of 1.4 Million VFW and Auxiliary members, I took the resolution to Congressman Neguse's office where he promptly fired off a letter to the Education Secretary. As of January, 2024, I am happy to report that the FAFSA no longer requires a veteran to disclose any tax-free disability compensation. (link)

Surviving Spouses

Another personal experience I turned into a resolution that year deals with the sickest among us, and those who will be left behind. Shortly after the passage of the PACT Act a member of my Post was diagnosed with a glioblastoma and given only 6-months to live. The illness had left him unable to work while his wife had to take time off from her job to provide her veteran spouse with care.

His disability claim was expedited because of the PACT Act (fortuitous timing), so he received the care he needed and was awarded 100% service-connection for his disability. Amazingly, it's been over two years since that diagnosis and he is still going strong. The disability compensation replaced the veteran's income from his previous job, his wife is now has healthcare under CHAMPVA, and she is enrolled in the caregiver program and is eligible for her own monthly stipend. All great news, for the moment.

What watching this unfold brought to my mind, however, was the potential financial devastation a surviving spouse may face once their veteran passes. Without anyone to take care of, the caretaker stipend will stop when the veteran dies. To add insult to injury, DIC is less than half of what a married veteran receives for being 100% disabled.

While an argument can be made that a one person household costs less than a household with two people, the landlord or the mortgage company will not cut the housing in payment to match the reduced income. Meaning, a spouse dealing with the loss of their loved one may also become housing insecure.

Looking ahead to the increased number of veterans that will become 100% disabled due to toxic exposure, I drafted a Surviving Spouse resolution, asking Congress to establish a grant for those spouses who may face eviction or foreclosure. Again, the resolution passed, and, again I took it to Congressman Neguse's office. Shortly thereafter, he introduced H.R. 6197 asking that $250M be set aside for this program.

CHAMPVA

Due to these successes I've been emboldened and fully buy into the legislative power of the VFW. It has demonstrated that through the petitioning of our government during the annual Legislative Conference and when we return to our home states, we can be powerful advocates for veterans and their dependents.

This year I am bringing a resolution to Louisville to require all medical providers that accept Medicare to see CHAMPVA patients. This resolution will close a loophole in the legislation that created CHAMPVA which required hospitals that accept Medicare to also accept CHAMPVA, but the private practitioner had no similar mandate.

With only 400,000 beneficiaries on CHAMPVA there is an overall lack of awareness among doctors. This places the burden to explain the program (it works just like Medicare) on the patient. Worse yet, many CHAMPVA patients are refused appointments because the gatekeepers who schedule them simpley state "we don't accept that insurance."

Because I brought a draft of this resolution with me to DC in March, I already have support from Senator Bennett's office to fix this problem. In fact, his legislative aide has already drafted a one-page Bill to close the loophole. Once the resolution has the backing of the VFW I will provide her a copy and the Senator will introduce it.

Automatic Claims

Another issue that came to my attention as I travelled the state and visited with members is the shear number of Vietnam veterans who are not receiving any compensation. Even when their presumptive conditions are being treated by the VA.

I have been led to believe that the VHA and the VBA are in distinct silos, unable to communicate with each other, and the burden to file a claim with VBA is on the veteran. Yet, in a conversation with the Department Service Officer I learned about a "flash message."

Apparently, if a veteran is being treated at a VA facility and they say they are homeless, the VHA sends a flash message to VBA to notify the benefits people of this status change. Similarly, if a veteran is admitted into a VA hospital, VHA notifies VBA via the same flash system. In fact, there is a whole list of situations in which a flash message can be sent.

My resolution asks the VHA to utilize this system to notify the VBA when a veteran is diagnosed with or being treated for a condition that appears on any presumptive list. Furthermore, the VBA will then turn that notification into a claim, thereby removing the burden from the veteran.

For far too long the VA has relied on the veteran dropping the ball when it comes to filing for disability compensation. Instead, the VA needs to streamline this process and every veteran receive what is rightfully theirs.

Other Issues

Remember that resolution that was out-of-order? Well, I'm bringing that one back this year as well. But I was very careful to ensure that it was written within to conform with the purposes of our Charter.

It has to do with Wild and Free Roaming Horses and Burros, and the 1971 Act that was passed to ensure they remain on their lands and are not harassed. Over the last 50+ years, the Bureau of Land Management has adopted a policy of almost exclusively removal to manage the population of these symbols of American freedom. This flies in direct contract to the plain language of the Act.

In light of the recent Supreme Court decision overturning the Chevron decision that gave the bureaucratic experts the authority to interpret laws, this resolution asks the Secretary of the Interior to prioritize non-surgical fertility controls over roundups to adhear more closely with the intent of the Act.

Lastly, I'm trying again this year to require overseas ballots be in a Ranked Choice Voting format, to ensure none of votes from our overseas service members or their families gets wasted. You may have seen me arguing this point on the floor last year and I hope to be better prepared to do so again in Louisville if necessary.

I look forward to seeing everyone there.