Disability Benefits Commission: Town-Hall Meeting After-Action Report

The Veterans Disability Commission met in St. Petersburg, Florida, in a Town Hall format to listen to the concerns of the veterans’ community. The meeting was conducted over two days. The entire 15-member commission was present. The first session began with the chair making brief remarks explaining the mission and purpose of the commission. The executive director then explained the process the commission would undertake to complete its mission.

The main focus of the commission was to listen to the public. The public-comment session lasted ninety minutes. The hearing room was packed because the word had reached the veterans’ community in the St. Petersburg-Tampa area. Veterans from across the state also were in attendance.

In advance of the meeting, Craig Tonjes, the Florida State Council president, sent a letter to all veterans’ organizations, apprising them of the importance of showing up at the commission sessions. I also contacted the local VVA chapters to insure that VVA and interested veterans were in attendance. The early warning worked.

The Town Hall process doesn’t leave individuals much time to state a point of concern. Most presenters didn’t have a clear understanding of the purpose for which the commission was formed and presented remarks that were not germane. Many of the presenters expressed a feeling that the commission was created for the purpose of finding ways to reduce or eliminate benefits.

The chair addressed that perception when he stated that it was not the intention of the commission to reduce or eliminate benefits. However, I am not sure the statement convinced anyone in the meeting room.

The statement prepared by David Houppert, VVA’s director of Veterans Benefits, was entered into the record. Craig Tonjes and Tom Hall, the Florida State Council treasurer, also addressed the commission.

Fewer veterans attended the second session. Yet, some veterans who had just heard about the commission through the local media showed up. The structure for the second day was even more restrictive. After opening remarks, the executive director of the Florida Department of Veterans Affairs, Col. Rocky McPherson, spoke. He mentioned the concern that the Veterans Benefits Administration in Bay Pines showed a reduction of staff in the Regional Office, but he could not provide an explanation. The new regional office director did not have an explanation, either.

The chief of the Tampa VA Hospital Poly Trauma Rehabilitation Center, Steven G. Scott, described the workings of the Trauma Center. He went into great detail about how they care for seriously injured service members. The process of analysis and evaluation of injuries covering all aspects from initial diagnosis to secondary and tertiary issues, including the issue of pain, was explored. Commission members asked about the relationship between pain and rating for disability purposes.

Donald Ivers, the former Regional Office Director in St. Petersburg, explained the theory used by the VA to incorporate the issue of pain into current ratings. The issue of PTSD versus blast syndrome was discussed since many of the symptoms are similar for each and could be misdiagnosed.

The public comment period was even shorter than it was the previous evening. It was during that session that I presented a brief version of my prepared testimony. Also in attendance at the morning session was the former Director of the St. Petersburg VA Regional Office, Donald Ivers, and the former Under Secretary for Veterans Benefits, John Vogel.

The commission will visit seven additional areas of the country. Preparation prior to appearing before the commission is very important. Since each individual only has five minutes to speak, targeted brief remarks are needed.

Issues should be broken up into individual, short presentations so more territory can be covered. This will require more VVA members to attend these meetings. Turnout is important.

During the evening session, I had a chance meeting with one of the commission staff members, a friend of almost 20 years, Jackie Garrick. She is a veteran, a social worker, and previously she worked for the American Legion. Garrick mentioned that she would attend the commission hearings in Boston and Chicago.

I also had an opportunity to talk with Joe Wynn, a member of the commission. Craig Tonjes, Tom Hall, and I also spoke to Butch Joeckel, another commission member.

Many questions persist, and we still don’t know for sure what recommendations will be made to the President and Congress. The overbearing presence of VA personnel and the reliance on the IOM and the Center for Naval Analysis make me nervous. So does the number of high-ranking retired military officers.

SBP vs. DIC Benefits Conflict For Survivors Of Deceased Veterans

Several programs exist to aid the survivors of deceased veterans. In certain situations, these programs may interact with each other, preventing a full and appropriate financial recovery by the survivors. An example of this type of interaction is the application and administration of the Survivor Benefit Plan (SBP) and Dependency and Indemnity Compensation (DIC).

The SBP was established by Congress and became effective September 21, 1972. SBP is a Department of Defense program that, under certain circumstances, provides for a monthly income to survivors of retired military personnel upon the death of a service member whose retired pay ceases the date of death. Survivors of members who die while on active duty and survivors of those recalled to active duty from retirement who die while on active duty also may be protected by the SBP.

Initially, a service member had to have served at least 20 years’ active duty for his or her survivors to be eligible. After 9/11, Congress extended SBP eligibility to survivors of all service members who die in the line of duty.

SBP coverage is automatic for all active-duty members, including Reservists and National Guardsmen serving on active duty who have eligible beneficiaries. This is a gratuitous benefit: It does not cost the active-duty member anything. For the SBP to become effective, the service member’s death must have taken place in the line of duty for an annuity to be payable if the member is not yet eligible for retirement at the time of death.

DIC is a separate program administered by the VA. DIC provides a monthly payment to eligible survivors of a deceased veteran whose death resulted from a service-related illness or injury. If the veteran’s death was not service-related, eligibility may exist if one of two conditions existed at the time of death: First, if the veteran was receiving VA disability compensation for a total disability for the 10 years prior to his or her death; second, if the veteran was receiving VA disability since release from active duty and for at least five years.

These two programs collide when a surviving spouse is eligible to receive both SBP and DIC. In such an instance, the spouse’s SBP annuity payment is reduced by the amount of the DIC award. This offset prevents the survivor from fully realizing the benefit of the two programs.

This is what VVA finds objectionable: Giving with one hand while ripping badly needed income from the hands of widows with the other. VVA remembers the VA’s motto— “To care for him who hath borne the battle, and his widow and orphans”—even if others need to be reminded that this is the essence of our collective mission.

Like the “Disabled Veterans Tax”—more commonly known as concurrent receipt—the offset is unfair to survivors, who are penalized because the death of a spouse has made them eligible to receive both benefits.

“The fair thing to do—the right thing to do—is to repeal the law that deducts DIC payments from SBP annuities,” said VVA National President John Rowan.

But in a Congress faced with the imperative to reduce discretionary spending to help control the burgeoning national deficit, this is unlikely to happen any time soon.

L.Z. Motown: Chapter Nine's Quarter Century

Chapter Nine, a front-runner in the fight for veterans’ rights, has been fulfilling the mission of Vietnam Veterans of America for over twenty-five years. L.Z. Motown’s roots go back to the mid and late ’70s at Wayne State University where Detroit-area Vietnam veterans had enrolled in classes under the G.I. Bill. The veterans were being ostracized by segments of American society and were experiencing readjustment problems.

Groups called the “Bamboo Rap” and “Flight of the Phoenix” came together to offer support and opportunities for veterans dealing with the aftermath of their war experience. Vietnam veterans weren’t being accepted by the old-line veterans’ organizations; the VA system and its hospitals were terribly run down. PTSD, Agent Orange, unemployment, and other issues were not being addressed. Most Vietnam veterans just wanted to get on with their lives and leave the war behind.

The Michigan Veterans Trust Fund recognized those who served by creating a database of the state’s Vietnam veterans. Eligible veterans received a $600 bonus from the state, along with a bumper sticker that read “Vietnam Vet and Proud of It.”

In 1979, eight Detroit-area veterans from the Wayne State group came together to form Vietnam Veterans of Michigan (VVM). They met at various locations to conduct business and recruit members. They tracked down cars with “Vietnam Vet” bumper stickers and handed the drivers applications. As the membership grew, the organization needed a home of its own.

At around the same time, Bobby Muller was forming Vietnam Veterans of America. When Muller heard about VVM, he invited the group to merge with VVA. After many debates and joint VVM/VVA meetings, they finally did. In late 1980, membership documents were signed for VVA Detroit Chapter Nine.

Meanwhile, the drive for a building got a boost from a series of fund-raising events. Chapter-designed hats, tee-shirts, pins, and other merchandise kept the money flowing. One of the larger fund-raising events was held at Harpo’s Music Hall on the east side of Detroit. Mitch Ryder and the Detroit Wheels were the headliners. The money raised went to the purchase of Greenfield’s Restaurant at Woodward and Temple in the heart of the city. Although the abandoned building had no heat, water, or power, it became the chapter’s home.

The renovation of Greenfield’s was completed in the early 1980s. Members went to the streets of the city’s infamous Cass Corridor and took a “bite out of crime” by using 2x4’s and baseball bats to chase pimps, prostitutes, car thieves, and drug dealers out of the neighborhood. Bob Pisor, a Vietnam-era veteran and the anchor for WDIV Channel 4, produced a feature about Chapter Nine’s war on crime in the city. With the help of the mayor’s office, the Detroit Police Department, the Greater Detroit Building Trades Council, the local Navy Seabee reservists, the UAW, and the membership, the job was done. L.Z. Motown opened its doors and became a viable veterans service center in the heart of the city.

In order to keep the doors open and their programs running, chapter members were always fund-raising. One of the early members designed, patented, and turned over the rights to produce a license plate with a Huey helicopter emblazoned over the Vietnam Service Medal. As more veterans came forward to show their pride in their military service and their support for fellow Vietnam veterans, sales soared. Soon, new varieties of VVA Chapter Nine hats, shirts, and other items went on sale. When Chapter Nine members helped create the VVA Michigan State Council, they supplied much of the Vietnam veteran merchandise to new chapters throughout the state.

Many other activities were used to generate funds—raffles, dinners, dances, “millionaire” parties, rummage sales, car washes, and auctions, to name a few. The building was expensive to maintain, and competition from other chapters made fund-raising more difficult. Chapter Nine was located in the inner city, and everyone in the area was poor. In fact, many chapter members were homeless. Through it all, the chapter remained vibrant.

Chapter Nine set up its education program in conjunction with local schools and universities. Its speakers’ bureau put together symposia and classroom discussions at town halls, community centers, and classrooms all over the metropolitan area. Veterans brought their stories to audiences in places such as the Grosse Pointe War Memorial, Detroit Athletic Club, and the University of Michigan. Through history and English classes at Wayne State University, students learned about the Vietnam experience via talks, writings, and poetry presented by Chapter Nine members. University Liggett School, a private preparatory school in Grosse Pointe, sponsored a day-long program that brought high school students and veterans together to develop a better understanding of the war in Vietnam and its effect on American society.

By 1985, Chapter Nine had nearly a thousand members, including General William Westmoreland, Mayor Coleman Young, Oliver North, Kris Kristofferson, Willie Nelson, and Country Joe MacDonald. During a period of financial uncertainty, the chapter lent the national organization $5,000. Detroit hosted VVA’s Second National Convention in 1985. Thousands of VVA members came together in Detroit, and L.Z. Motown contributed substantially to cover expenses.

Most of the VVA chapters in Southeastern Michigan were formed by members of Chapter Nine. L.Z. Motown became known as the “Mother Chapter” as more and more chapters were created by spin-offs from Chapter Nine. Turf wars ensued, but eventually agreements were reached and things settled down. Many activities became joint ventures in which all participated.

Under the motto “In Service to America,” Chapter Nine spearheaded countless community-based programs throughout the Detroit area. Chapter members, their friends, and families showed up with brooms and shovels to clean the block of trash and debris. The building hosted counseling sessions to help homeless veterans find jobs and reintegrate into society. Eventually, the Michigan Veterans Foundation was established. Chapter Nine influenced the decision to open the new VA hospital in the city rather than rehabilitate the outdated Allen Park facility. During the construction of the hospital, the chapter donated office space to the VA so they could provide much-needed services to local veterans.

In the 1990s, holding true to the VVA motto that “never again will one generation of veterans abandon another,” Chapter Nine began organizing rallies to support troops from the first Gulf War, beginning with a parade down Woodward Avenue. One rally was videotaped by WJBK-TV and sent to the crew of the USS Ranger in the Persian Gulf. As local troops came home from the war, they were given grand receptions at chapter functions. Some joined as VVA associate members.

A bill was passed to build a state Vietnam Veterans Memorial Monument in Lansing. Most of the commissioners appointed to fulfill the task of reaching this goal came from—or later joined—the ranks of Chapter Nine. The Michigan Monument is located in the heart of the state capital, near the Hall of Justice, the Michigan Historical Library, and the Capitol itself. The memorial recognizes the 2,654 Michigan Vietnam servicemen and one woman who paid the ultimate price.

Chapter Nine played an important role in the establishment of the Canadian Vietnam Veterans Memorial, as well. The North Wall, as it is affectionately called, sits proudly at the foot of the Ambassador Bridge in Windsor, Ontario. Organizers used L.Z. Motown as a base of operations to run most of its fund-raisers and rallies. The annual “Run to the North Wall” motorcycle rally began at Chapter Nine a year after the dedication, and it continues today. A plaque at the base of the memorial recognizes the chapter’s contributions.

The membership recently decided to downsize its headquarters and meet at a smaller facility. The price of utilities and upkeep was prohibitive. However, the chapter’s commitment remains to the city of Detroit and also reaches beyond its boundaries. As the conflict in Iraq continues, our troops will not be forgotten or mistreated as long as one Chapter Nine member is standing. As Vietnam veterans enter their golden years, Chapter Nine veterans and associates, their families, and friends can rest assured that the job of serving America has been done well. The chapter has laid a solid foundation that will stand for years to come.

Mike Sand is on the Chapter Nine Board of Directors; Keith King is the chapter secretary.