California bill would restrict veterans’ access to federal benefits

OPINION – States should be able to pass laws impacting their citizens, especially while the U.S. Congress remains in constant gridlock.

However, one urgent matter that needs more attention pertains to how some states, now including California, are meddling in the federal system over disability benefits for veterans.

In a well-intentioned move advertised to thwart scammers, some legislators in Sacramento are trying to impose criminal penalties on thousands of legitimate businesses which help veterans obtain benefits.  California’s Senate Bill 1124 undermines the service of veterans like me because it will limit our options on who can help us file claims.

Like my father before me, I served in the U.S. Army during wartime. My service with artillery resulted in permanent hearing loss.  We proudly sacrificed for both our adopted nation of the United States, and state of California.  Places which welcomed us from our native Nicaragua where we were both born.  However, I never thought I’d see the government, whether in Washington or Sacramento, try so hard to block veterans from receiving the care they need.

It’s important for Californians to recognize there are many problems with the Veterans Administration (VA) in Washington — particularly the extensive backlog of disability claims.

Even VA officials estimate it will take two years to catch up.  This is largely due to a historic work slowdown during the COVID-19 pandemic combined with recent passage of the PACT Act which expanded eligibility for benefits over injuries stemming from toxic burn pits in Afghanistan and Iraq.  Many veterans rely on disability benefits to survive, with over 5 million of 18 million veterans receiving them.

So why is the California legislature making it harder for veterans to receive well deserved federal benefits?  It’s a particularly important question since California currently has an estimated homeless population reportedly of at least 180,000, including many veterans who served their nation honorably.

While some claim it will help deter scammers — a valid point, it also is like trying to deter insurance fraud by outlawing insurance agents.

States like California are pursuing this legislation because similar moves in the U.S. Congress have ground to a halt.  Since 2019, there have been several efforts in both the Senate and House of Representatives, co-sponsored by both Republicans and Democrats, to better protect veterans from scammers.  These bills have gone nowhere because most of them also would criminalize thousands of legitimate small businesses. So proponents of such bills are trying to achieve the same result, state by state.

While stopping con artists from ripping off veterans is good and necessary, the way to do it isn’t to ban all private companies which provide a valuable service to countless veterans. Dishonestly shouting “claim shark!” at legitimate veteran-owned small businesses brings to mind shameful playground insults and doesn’t help either.

A better way is to modernize the VA accreditation process for who can help veterans with benefits, ensuring a degree of quality control. Today’s antiquated system overly relies on VA-accredited attorneys typically working through the VA Board of Appeals, enriching Washington, DC boutique law firms at taxpayer expense, often without results. A Government Accountability Office (GAO) blistering report late last year railed on the lack of quality assurance in the appeals process.

Even some leaders within the large non-profit Veteran Service Organizations (VSOs), which would benefit from outlawing for-profit firms currently helping veterans, acknowledge VSOs can’t help all those veterans who need it.  The American Legion’s Executive Director admitted as much late last year.

Bottom line, while VA reforms are necessary, they shouldn’t do more harm than good. Our representatives in Sacramento should reject or amend this misguided legislation to make sure we maintain our right to choose how we navigate the complex VA system.

Manuel Rosales is a veteran and former commissioner of the SF Veterans Affairs Commission.