Solving Veterans Advocacy Issues: A non-adversarial approach

[Veterans Foundation]

There is a legitimate concern that legal efforts on behalf of veterans may result in a new cottage industry for attorneys.  It is understood that despite congressional efforts, the veterans benefits and entitlements process is adversarial.  Still, some approaches to resolve veterans legal issue are likely to perpetuate the adversarial system.

Pro-bono law clinics are a great advantage to both the civilian community, military families and students.  But it is clear that many attorneys wish to be paid fees for services.  Furthermore it is clear that veterans are entitled to representation...in adversarial and non adversarial cases.  It is their civil right to representation.  Strange that those charged with crimes are entitled to an attorney free of charge.  Why not share such entitlement with veterans in a manner that may result in ongoing improvement of the discharge process and veterans assumption of benefits and entitlements?

What if enlistees could learn to advocate for their fellow soldiers and sailors who have been discharged?  This may bridge the DoD and the Veterans Affairs so that they may work in sync to improve (1)  The collection and maintenance of medical records from enlistment to discharge  (2)  Provide an additional pathway to solvency for the appeals process  (3)  Lend opportunity to enlistees to acquire a new and needed skill to serve our country  (4)  Seek improved protocols to serve our military families (5) and track service related harms and injuries.

Following is an approach that may both resolve the need for veterans legal assistance while providing a less adversarial approach to representation:  We would like to explore the possibility of the DoD installing an additional Military Occupational Specialty or function of the General Counsel to serve veterans.  Such installment could result in a better understanding and greater efficiency for veterans and the VA.

Furthermore, with todays technology, it is possible to create a digital record of health and service from the moment of enlistment on.  Such data would enable us to cross-reference service-related injuries with others, track and trace health issues related to service and distinguish between those that are not service related.

What are your thoughts on more complete record keeping from the moment of enlistment, new MOS specializing in veterans issues or new installments for the General Counsel and legal clinics for military families?  Perhaps all should be considered as components of a more comprehensive approach to resolving veterans legal issues.

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[DoggyDaddy]

As I recall, military (JAG) legal assistance ends when you become released from active duty (REFRAD).  In addition, the type of support and assistance provided by the JAG has limitations for civilian dependents and civilian legal actions. They provide assistance like a paralegal, put that is the extent of it.

Record keeping in the military; be it personnel, finance, computer or medical, will always have its in perfections as entries have to be posted manually. Whole paper records get lost and damaged, and  computer memory sticks and hard drives will also.  Backup documents and consolidation of files sounds impossible for the soldier in movement and worse in combat.   Whole records [xrays, data, dics, micro fiche, etc] and documents,  get left out, get pulled by clerks as documents may not be classified permanent, and then not returned to the individual for various reasons and placed in file 13 [trash can].  When it comes to your military records and having to prove something to the government such as a medical condition or personal history, the burden of proof falls upon the individual and not the government.. 

I doubt you will ever get the DOD to represent a soldier against the Government except in his own courtmartial.  We have County Veterans Service Officers [County employees] representing veterans filing claims with the Veterans Adminsitration [Federal Govt].  Because county employees don't get paid by the Veterans Administration, they can be nonbias and fight the VA for the veteran.
You have the Freedom of Information Act and Privacy Act [one requires the government to permit you to read a document, and the other requires the government to provide you a copy of document pertaining to you] to assist you as they direct privacy of information and prohibit secret records. 
Violation of the Acts can be costly.  If any officer or employee of a government agency knowingly and willfully discloses personally identifiable information will be found guilty of a misdemeanor and fined a maximum of $5,000. Also, if any agency employee or official willfully maintains a system of records without disclosing its existence and relevant details as specified above can be fined a maximum of $5,000. The same misdemeanor penalty (and $5,000 maximum fine) can be applied to anyone who knowingly and willfully requests an individual's record from an agency under false pretenses.

Pro-bono legal service by lawyers will be nice if it's available or otherwise you have to find a lawyer who will take the case and a percentage of the $$$ after he wins, but lawyers won't do this unless it is a slam dunk action that will net big bucks or if the can overbill the government.

 It all sounds like something for the "M.I.F."
{Mission Impossible Force}.

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