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Military Law,
Law Practice,
Civil Rights

Apr. 17, 2020

Veterans on active duty for veterans

Veteran service organizations fight for and support veterans as new concerns arise, including veterans’ issues resulting from our present COVID-19 pandemic.

4th Appellate District, Division 3

Eileen C. Moore

Associate Justice, California Courts of Appeal

Many veteran service organizations, or VSOs, exist throughout the country. During or after each of our wars, VSOs were formed to address specific issues then-current-veterans faced. They advocate for veterans and provide various resources and services. Some are federally chartered or otherwise recognized by Congress. Most are private nonprofits run by volunteers. Many VSOs have withstood the tests of time. They fight for and support veterans as new concerns arise, including veterans' issues resulting from our present COVID-19 pandemic.

After the Civil War

Because it's the longest-running veterans service organization out there, Jewish War Veterans of the USA deserves mention. JWV was founded by Jewish Civil War veterans in 1896. At that time, it was named the Hebrew Union Veterans. JVA held its 124th annual national convention in Richmond, Virginia last August.

Its website asks: "And why a Jewish veterans organization?" Its answer: "There is something distinct about the experience of Jewish service members. For instance, many Jews in the military have concerns about how they would be treated as a Jew if captured -- whether by Nazis during World War II or Islamic extremists today. Sometimes the experience of maintaining their religious obligations in the field was a point of discussion. And of course -- any Jew who has served in the Middle East must have sensed the presence of being near somewhere significant to their roots."

JVA established the National Museum of American Jewish Military History in Washington, D.C. The museum has exhibits of Jewish military service all the way back to the American colony in New Amsterdam in the 1650s.

The Jewish veterans group has been active in the law over the years. Regarding bias against Jewish military heroes, in 2001, the House of Representatives introduced the Leonard Kravitz Jewish War Veterans Act of 2001. The bill was written to direct the secretary of each military branch to review the service records of each Jewish American veteran from the time of World War II who was awarded the Army's Distinguished Service Cross or the Navy or Air Force Cross, or whose name was submitted for such purpose by JVA, in order to determine whether such veteran should be awarded the Medal of Honor. As a result of that effort, 24 Jewish service members were awarded the Medal of Honor.

Its national commander is an experienced litigator from Boston named Harvey Weiner. He spent the last 47 years trying cases. He is a Vietnam vet.

After the Spanish-American War

Various small groups of veterans formed informal organizations at the end of the Spanish-American War in 1899. The soldiers arrived home without any medical care for the wounds and illnesses they sustained and with no pension benefits. By 1913, the groups merged into the Veterans of Foreign Wars, or VFW. Membership is restricted to any active or honorably discharged person who is a citizen of the United States and who has served in its armed forces in any foreign war, insurrection or expedition. The purpose of the VFW is to speed rehabilitation of disabled and needy veterans, promote American patriotism and do service in local communities.

The VFW was instrumental in the founding of the Veterans Administration, now known as the Department of Veterans Affairs. To this day, the VFW monitors veterans' experiences with health care provided by the VA and assists disabled veterans when their claims are denied by the VA. The VFW was also influential in the development of the national cemetery system, in the fights for compensation for Vietnam vets exposed to Agent Orange and for veterans diagnosed with Gulf War Syndrome. In 2008, the VFW was to a large extent responsible for a long-fought victory with the passing of a GI Bill for the 21st century. That bill gave expanded educational benefits to America's active duty service members, and members of the guard and reserves.

The organization has also been active in court battles concerning veterans. Salazar v. Buono, 559 U.S. 700 (2010), is a case involving the legality of the Mojave Memorial Cross placed atop a prominent rock in San Bernardino County by the VFW in 1934 as a memorial to veterans who died in World War I. In 2001, an employee of the National Park Service filed suit against the secretary of the Department of the Interior, contending the cross erected on federal land violates the establishment clause of the First Amendment to the U.S. Constitution. The matter was heard at various court levels, and Congress got involved with a land exchange to the VFW. In 2010, the U.S. Supreme Court ruled the cross may stay on the land owned by the VFW. In the opinion, Justice Anthony Kennedy wrote: "The goal of avoiding governmental endorsement [of religion] does not require eradication of all religious symbols in the public realm."

During the COVID-19 pandemic, the VFW has been active. Its website gives tips to veterans on how to stay connected with family, friends and clergy while isolated. Among its many other efforts, it has organized buddy checks and food donation locations.

After World War I

The American Legion was chartered by Congress in 1919. Theodore Roosevelt, Jr. and other war-weary veterans of World War I proposed the idea for the Legion. Its website says it's one of the most influential nonprofit groups in the United States, both nonsectarian and nonpolitical. The only requirements are honorable service and an honorable discharge. Today's membership stands at nearly 2 million in more than 13,000 posts worldwide. The oldest continuously operated American Legion post is in Tulsa, chartered on June 19, 1919. In 2017, Wisconsin's Denise H. Rohan, was elected national commander, the first woman to hold the role in the history of the American Legion.

The Legion is committed to mentoring youth and sponsoring wholesome programs in our communities. In 1950, the American Legion voted to contribute funds to the field of mental health, thereby playing a key role in launching the National Association for Mental Health. In 1982, the Legion was the largest single contributor to the construction of the Vietnam Veterans Memorial Wall when it presented the Vietnam Veterans Memorial Fund with a $1,000,000 check. The American Legion fought hard to have the VA raised to Cabinet-level status, accomplishing its mission in 1988. The Legion's position was that veterans deserve representation at the highest level of government.

Since 1925, the Bladensburg Peace Cross has stood on public land in Maryland as a tribute to 49 area soldiers who gave their lives in the First World War. The cross has been under the auspices of an American Legion post. Opponents to the cross claimed they were offended by the sight of the memorial on public land and the expenditure of public funds for maintenance, contending a violation of the establishment clause. A federal court granted summary judgment to the American Legion. The 4th U.S. Circuit Court of Appeals found the cross was in violation of the First Amendment and reversed. In The American Legion v. American Humanist Association, 139 S. Ct. 2067 (2019), the U.S. Supreme Court reversed the 4th Circuit, stating: "The cross is undoubtedly a Christian symbol, but that fact should not blind us to everything else that the Bladensburg Cross has come to represent. For some, that monument is a symbolic resting place for ancestors who never returned home. For others, it is a place for the community to gather and honor all veterans and their sacrifices for our Nation. For others still, it is a historical landmark. For many of these people, destroying or defacing the Cross that has stood undisturbed for nearly a century would not be neutral and would not further the ideals of respect and tolerance embodied in the First Amendment. For all these reasons, the Cross does not offend the Constitution."

Throughout the decades, the Legion has fought for pension and retirement rights and the elimination of the Disabled Veterans Tax. The Legion also backed the Post-9/11 GI Bill that took effect in 2009, sending an unprecedented number of veterans to college.

During our current crisis, the American Legion has been very busy in the community. It is teaching its members how to connect with others through Skype and Zoom. One post recognized the efforts of truck drivers in keeping America fed with a free lunch on April 1. An American Legion post in Nebraska organized a drive-thru Easter egg hunt, and in Minnesota, the post is distributing activity packets for shut-in kids. In Arizona, American Legion members are assisting a court with bailiff duties. An American Legion Post in Rochester has been distributing food, clothing and other supplies to needy veterans during this crisis.

After World War II

When soldiers who served in World War II swelled into the millions, it became evident they needed some sort of assistance in their transition into civilian life. The American Veterans of World War II, AMVETS, was the first World War II organization to be chartered by Congress. Since that time, its charter has been amended to admit as members those who served in different eras. Its website states it is the nation's most inclusive congressionally chartered veterans service organization. Today, membership in AMVETS is open to anyone who is currently serving, or honorably served, in the U.S. armed forces from World War II to the present, including in the National Guard and Reserves.

AMVETS' constitution states that it aims "to serve our country in peace as in war; to build and maintain the welfare of the United States of America toward lasting prosperity and peace for all its inhabitants." The organization has been very active in several different areas, particularly with assisting veterans with their VA claims. AMVETS has a network of trained national service officers accredited by the VA. They provide advice on compensation claims at no charge to veterans, processing 74,000 claims a year. Concerned with the inability of the VA to process claims, AMVETS was instrumental in Congress' forming the United States Court of Veterans Appeals, which court judicially reviews claims after they have gone through the VA claims process.

But AMVETS does so much more. Across the country, it has legal clinics assisting veterans. Upon request, AMVETS has two service members fold and present the American flag to surviving family members at veterans' funerals while a bugler sounds "Taps." AMVETS annually gives scholarships to high school seniors. It bestows various awards, all having to do with humanitarian efforts. One is the Silver Helmet Award to "recognize excellence and achievement in Americanism, defense, rehabilitation, congressional service and other fields. Sometimes called the "Veterans Oscar," the award is shaped like a silver WWII helmet. Many famous Americans have been recipients of the award through the years, including Presidents Harry Truman, Dwight Eisenhower, Lyndon Johnson, Richard Nixon and both Bushes. Singer, actress and nurse Martha Raye was also given the award; in Vietnam, she was an honorary Green Beret after she stepped in whenever she could to treat wounded soldiers.

Because of isolation during the pandemic, AMVETS provides veterans with online mental health treatment. Also, recognizing that in 1982 Congress expanded the VA's role to include caring for anyone in times of crisis, as it did after Hurricane Katrina, AMVETS has been calling upon the VA to assist with the current COVID-19 crisis.

After the Vietnam War

Vietnam Veterans of America was founded in 1978. It is the only organization chartered by Congress and dedicated to Vietnam veterans and their families. Its founding principle is "Never again will one generation of veterans abandon another." Today, there are about 85,000 members with over 650 chapters throughout the country.

VVA's website says the return of the hostages by Iran in January 1981 was a pivotal time for Vietnam vets: "The question was asked why parades for the hostages but not for Vietnam veterans? Many veterans complained about the lack of recognition and appreciation for past national service."

In 1983, VVA created a legal services entity to assist Vietnam vets pursue their benefits from the government. It quickly became the most competent and aggressive advocate for veterans. VVA published the first comprehensive manual for veteran service representatives to use to assist veterans to obtain services and benefits.

VVA has been active in the courts on behalf of veterans. Actions concerning Agent Orange and its contaminant dioxin were filed. A class action against the Navy involving discharge upgrades was filed in the 1980s. In Vietnam Veterans of America v. Central Intelligence Agency, 811 F.3d 1068 (9th Cir. 2016), VVA brought suit alleging the government unlawfully failed to notify veterans who were the subjects of chemical and biological experiments of new medical and scientific information relating to their health. An injunction requiring the Army to comply with its duty to warn veterans of such new scientific information was ordered.

After a two-year study, in 2019, VVA published a report entitled "An Investigation Into Foreign Entities Who Are Targeting Servicemembers and Veterans Online." The report states that in addition to screening military and veterans groups, social-media companies should aggressively hunt for criminals using their platforms and report suspicious activity "rather than simply rely on reports submitted by users."

Now that Vietnam veterans are in the twilight of their lives, VVA is facing a unique issue. The March/April edition of VVA's national publication, The VVA Veteran, has a column about the possibility of changing the organization's name to something that does not have the word "Vietnam" in it.

VVA is critical of the VA's April 1 change of policy. Prior to that time, VSOs had 48 hours to review and ask for correction of a VA decision, a process which often negated the need for a veteran having to file an appeal. On April 1, however, the VA ended that 48-hour policy. This is what VVA's president said in a press release: "While every other governmental body in the nation is working hard to ensure that Americans are spared undue hardship during the COVID-19 pandemic, the Department of Veterans Affairs is doing just the opposite, making this damaging policy decision amid the chaos of the pandemic."

During this crisis, VVA has sent out a warning to Vietnam vets. Because so many were exposed to Agent Orange while serving in Vietnam, VVA has counseled its members they may have co-morbidities which make them susceptible to the most severe complications or death if they contract the virus.

Iraq/Afghanistan

Iraq and Afghanistan Veterans of America, IAVA, was founded by an Iraq veteran in 2004. IAVA has been very involved with connecting veterans with resources and with the community. The organization has also been active in pursuing legislation. In 2014, IAVA launched the Convoy to Combat Suicide legislation to alert the public about the alarming number of veterans who are committing suicide. The legislation significantly increases veterans' access to mental health treatment. The Clay Hunt Suicide Prevention Act, signed into law by President Barack Obama in 2016 as Pub. L.114-2. was named after Marine Clay Hunt who returned from combat only to have to battle with the Department of Veterans Affairs over his disability rating. He committed suicide in 2011.

IAVA's Policy Agenda lists its big six issues: combat suicide; reform the VA; initiate support for injuries from burn pits; defend education benefits; recognize and improve services for women veterans; and, establish support for veterans' use of medical cannabis. The agenda states that in 2014, 31% of its members reported suicidal ideation; by 2018, reports were up to 43%.

IAVA has been quite vocal. After Iran launched numerous ballistic missiles at the Ayn al-Asad Air Base in Iraq last Jan. 8, President Donald Trump reported that the Iranian attack resulted in no casualties, despite the fact that 34 service members suffered traumatic brain injuries. The president stated: "I heard that they had headaches and a couple of other things, but I can report it is not very serious." IAVA's CEO, Jeremy Butler, responded to the president: "Rather than diminishing the severity of the combat injuries our service members received and rather than reducing the necessity of seeking medical care by comparing their relative importance with other injuries that 'he has seen,' the Commander in Chief should be ensuring that our military members receive the best medical care possible and that they and their families are afforded the respect and honor that our military members deserve and earned on the battlefield."

Currently, IAVA notes that increasing numbers of National Guard and Reserve components, who rely on the VA for health care, are recalled to fight the COVID-19 pandemic. Thus, IAVA has been pressuring the VA to get its act together, stating: "As the largest integrated healthcare network in the United States and with a legal designation as the backup health care system in national emergencies, the VA must be a leader in the US government response efforts but, to date, does not appear organized to meet the current or forecasted demands that this current healthcare crisis requires nor is the agency clearly articulating its strategy moving forward. Specifically, with a majority of its veteran clients in the 'at risk' group for COVID-19, either due to age and/or underlying health conditions, VA must be equipped and empowered to screen, test and care for veterans exposed to COVID-19. However, this cannot be achieved by failing to meet the non-coronavirus related urgent health needs of the community."

Conclusion

VSOs perform many valuable services for veterans. Most importantly, they give veterans a voice by holding the feet of the VA, politicians and the military to the fire when it comes to delivering hard-earned benefits to our country's veterans. 

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