Twenty-First Century Vets Deliver Their Findings to AMVETS

This morning, participants in the 2010 AMVETS Symposium for 21st Century Veterans presented their findings and recommendations to the AMVETS National Convention floor at the Galt House in Louisville, Ky.

Some of the most prominent recommendations from this year's participants included increased family integration in the transition and treatment processes, equitable treatment for female veterans in VA medical facilities, codified "warning signs" for veterans at risk for homelessness, and comprehensive transition programs available to all branches, including the National Guard and Reserve.

From this morning's presentation, AMVETS National Headquarters will compile the raw data from the week's working groups, follow up with participants, compare notes with VA, Department of Defense and Department of Labor codes, and compile a comprehensive symposium report to be released on Oct. 1.

AMVETS will then use the report to guide its legislative agenda and inform key national leaders on Capitol Hill about the current needs of America's warfighters.

From AMVETS' last symposium for post-9/11 veterans in 2006, more than 25 issues have been addressed, but this year's participants pointed to new issues and some unforeseen consequences of past corrective actions.

One unintended consequence, which came from the women veterans' roundtable, was the concern that today's female veterans were being pigeon-holed into women's clinics for non-gender-specific care, exacerbating access issues to routine primary care treatment.

Veterans also clamored for more family integration into the overall transition and treatment process, saying that veterans' spouses and children play pivotal roles in ensuring that veterans receive all of their proper benefits and entitlements. Family members are also directly impacted by reintegration issues that their loved ones face, potentially leading to relationship issues.

AMVETS National Legislative Director Ray Kelley, the symposium's facilitator, said the input from the diverse group of veterans will also help to guide AMVETS organizationally to better serve today's warriors.

AMVETS asked for anonymous feedback from each participant and plans to take their recommendations to the AMVETS National Executive Committee to host future events.

Participants said they enjoyed the opportunity to participate in the symposium and that no other veterans' groups had offered them similar opportunities to candidly discuss what is important to them. They also said that they wanted to see similar events take place every year until all of America's service members return home.

More than 50 veterans who have served after Sept. 11, 2001 participated in the symposium, representing a broad cross-section of today's veterans including current service members, recent retirees, wounded warriors, female veterans, urban and suburban veterans, rural veterans, and members of the National Guard and Reserve from coast to coast.

AMVETS National Commander Duane J. Miskulin thanked each of the participants personally after the presentation and said it was the kind of work AMVETS needed to continue down the road.

(Photos: Top: Post-9/11 veteran Joe Leal delivers the findings of the health care breakout group from the symposium, while his fellow participants and AMVETS National Commander Duane Miskulin looks on. Bottom: AMVETS members thank symposium participants for their hard work following this morning's presentation on the floor of the National Convention. Photos by Luis Jimenez.)

Symposium Day Two: Compiling Reports

This morning, each breakout session for the 2010 AMVETS Symposium for 21st Century Veterans reconvened to review yesterday's notes, discuss their findings and begin compiling the final report.

After yesterday's charged discussions on issues critical to Iraq and Afghanistan-era veterans, the small subgroups are now comparing notes on veterans' health care, benefits, and transition assistance. This afternoon, the three breakout groups will come together to compile final recommendations, which will be delivered on the floor of the AMVETS National Convention tomorrow morning.

"Yesterday's subgroups really picked up the ball and ran with it, making this symposium their own," said AMVETS National Legislative Director Ray Kelley, who is facilitating this week's work. "AMVETS has taken a hands-off approach to these discussions in an effort to really learn what today's issues are from the veterans, themselves, and I'm happy to see it working."

Kelley went on to say that closing the sessions to the public helped to ensure candid discussion among participants--some of whom continue to serve on active duty.

"I've really learned something watching the conversations unfold," said Kelley, "and I'm eager to see tomorrow's final report."

Tomorrow's final symposium report is open to the public and will take place at 7:30 a.m. in the Grand Ballroom at the Galt House in Louisville. AMVETS delegates from around the country will be on hand to listen to the recommendations and AMVETS will use this week's findings to compile a new report to bring to Washington.

If you were unable to join us in Louisville, but think there is an issue AMVETS should address at the symposium, please let us know by commenting on this blog.

For more updates on the symposium and this week's AMVETS National Convention, check back regularly with American Veteran Online.

(Photo: Veterans fill out name tags as the second day of the symposium convenes. Photo by Ryan Gallucci.)

AMVETS Symposium Commences in Louisville

This morning, the 2010 AMVETS Symposium for 21st Century Veterans commenced at the Galt House Hotel in Louisville, Ky. A diverse working group of nearly 50 current service members, veterans, and recent military retirees gathered to discuss issues critical to today's veterans community pertaining to health care, benefits and the transition from military life.

Congressman John Yarmuth (D-Ky.) joined the symposium early in the morning to address the veterans and discuss why veterans' issues are critical to him and his constituents in Louisville. During his comments, Yarmuth touched on the persistent issues of PTSD and suicide, which AMVETS is addressing in the symposium.

Yarmuth shared a personal story from recently visiting with a hospitalized veteran who attempted to take his own life, and how seeing first-hand the impact of the invisible wounds of war has driven him and other leaders in Congress to seek ways to stymie the disturbing trend.

AMVETS National Legislative Director Ray Kelley, who is leading the symposium, took the time to introduce each subject matter expert tasked to lead discussions in each of the breakout groups. AMVETS National Commander Duane J. Miskulin also took a few moments to thanks the participants, calling their work critical to the AMVETS mission.

This afternoon, the veterans broke into smaller sessions. In the health care breakout, veterans discussed patient care and staff attitudes, the invisible wounds of war, and women's needs. In the benefits breakout, veterans discussed delivery and availability of benefits and education. In the transition breakout, veterans discussed transition assistance, employment and homelessness.

Tomorrow, the groups will reconstitute to discuss their findings--identifying which problems demanded the most attention and proposing fresh solutions. On Wednesday morning, participants will present their recommendations to the AMVETS delegates gathered for the 66th AMVETS National Convention. From here, AMVETS will compile a comprehensive report to guide national leaders' work in Washington.

To learn more about the symposium, Click Here.

To learn more about AMVETS National Convention, Click Here.

(Photos: Top: Congressman John Yarmuth speaks to veterans gathered to participate in the AMVETS Symposium for 21st Century Veterans. Photo courtesy of Congressman John Yarmuth, by Dustin Alsey. Middle: Veterans participating in this year's symposium listen as subject matter experts explain why the symposium is important to their work. Photo by Jay Agg.)

Shinseki v. Sanders: Supreme Court rules in favor of VA

Yesterday, the Supreme Court ruled that the burden of proof for harm in the VA claims process should fall upon the veteran, rather than the VA. This decision could present further hurdles for veterans who seek compensation for service-connected health care conditions down the road.

The particular cases for which the Supreme Court granted certiorari involved claims appeals from WWII veteran Woodrow F. Sanders and Cold War-era veteran Patricia Simmons, asking "Whether the court of appeals erred in holding that when the [VA] fails to provide statutorily required notice to benefits claimants, the VA should bear the burden of showing that such an error was not prejudicial."

Justice Stephen Breyer, who wrote the Supreme Court's opinion, noted that the Federal Circuit court's criteria for a harmless VA error placed "unreasonable evidentiary burdens on the VA." Breyer went on to note that the decision does not simply shift the burden of proof to the detriment of the veteran, but rather may put the veteran in an advantageous position in the appeals process by presenting the opportunity to demonstrate actual harm, rather than relying on the VA's assessment.

However, Justice David Souter's dissenting opinion refuted Breyer's claims that the burden was unreasonable, contesting that the VA has a unique statutory obligation to assist the veteran throughout the claims process. Souter suggested that three criteria could easily be adopted by the VA to help demonstrate harmless errors.

The full opinion from DocStoc has been embedded below:


Shinseki v. Sanders, 07-1209 - Get more Legal Forms