VFW Advocacy

1. VFW Chief Asks Congress to 'Fight for Those Who Served'

   VFW Commander-in-Chief Duane Sarmiento addressed a joint hearing of the House and Senate VA committees on March 6 during the 2024 VFW Washington Conference.

   Sarmiento began his testimony by thanking members of Congress for passing the Honoring Our PACT Act (P.L. 117-168) in 2022. Sarmiento noted that the law is the "most comprehensive toxic exposure legislation" ever passed by Congress. He said that the PACT Act has helped veterans who served in the Vietnam War through the post-9/11 wars.

   "The men and women in this room are a cross-section of the VFW, a cross-section of our veteran population and a cross-section of America," said Sarmiento, a Navy veteran. "This is why I call upon you as our leaders in Washington, D.C., to continue fighting for those who served, are still serving, and to every day, meet the challenge."
   
   
   CLAIM SHARKS
   Sarmiento, a Navy veteran of 1991's Persian Gulf War, testified that after the 2022 passage of the Honoring Our PACT Act, VFW witnessed an increase in online advertisements from predatory unaccredited companies, or "claim sharks," that target veterans' earned VA benefits.

   "They argue that the high fees they charge make them more effective in assisting veterans than the free services offered by VA-accredited veterans service organizations," Sarmiento said. "That is false."

   Sarmiento said claims sharks "prey upon veterans and disregard the law." He added that those companies need to be held accountable.

   "They say that there is no way for them to seek VA accreditation - that is also false," Sarmiento said. "Anyone can seek accreditation, but they refuse to do so because they would no longer be able to charge exorbitant fees - especially for work they didn't do.

   "It's distasteful that these claim sharks take money from veterans," Sarmiento continued. "But it's disgusting that they take money from survivors."

   Sarmiento said VFW supports H.R. 1139 - the Governing Unaccredited Representatives Defrauding VA Benefits Act of 2023 (GUARD VA Benefits Act) - and noted that claim sharks are spending "millions of dollars" to fight the bill and similar ones across the country.

   "New Jersey and New York have already made claim sharks illegal, and bills are moving forward through the legislatures all around the country," Sarmiento said. "Claim sharks have fought our bills in every state and continue to try to buy influence. But we will never give up because we have the law and moral high ground on our side."
   
   
   TRANSITION ASSISTANCE
   During the testimony, Sarmiento touted VFW's network of veterans service officers around the world who provide free services to help veterans, military members and families file a VA disability claim.

   "Every year," Sarmiento said, "VFW-accredited representatives assist approximately 20,000 service members with their Benefits Delivery at Discharge (BDD) claims before they leave the military, meaning they can receive benefits almost immediately upon separation for free."

   However, Sarmiento noted that "accredited representatives" for BDD claims are inconsistent.

   "That's why the VFW highly recommends passage of the TAP Promotion Act (H.R. 3933), which will ensure all service members have direct access to accredited representatives during Transition Assistance Program (TAP) classes," Sarmiento said. "Transition is an important milestone in a service member's life, and the VFW believes we need to do everything we can to support that journey."

   Sarmiento noted that recently transitioned former junior enlisted veterans have higher rates of homelessness, unemployment and suicide than other veterans.

   "We must do everything we can to help ease that transition, especially for those who are at higher risk," Sarmiento said. "Trying to stop suicide or homelessness is meaningless if we ignore the root causes of a crisis."
   
   
   VETERANS SUICIDE
   Sarmiento, during the testimony, said VFW supports the Not Just a Number Act (S. 928). If passed by Congress and signed into law by President Joe Biden, the Not Just a Number Act would require VA to examine veterans' benefits usage in an annual suicide prevention report to evaluate the relationship between VA benefits and suicide outcomes.

   "VA's own research shows that factors such as financial stability, housing and jobs protect against crisis," Sarmiento said. "But if veterans have problems accessing benefits such as the GI Bill, why would they trust VA with their health care? After years of sounding this alarm, VFW is optimistic that VA may finally be listening, but we can do more."
   
   
   RICHARD STAR ACT
   Sarmiento said that VFW believes veterans should receive all benefits owed to them. The Major Richard Star Act (H.R. 1292) would allow retired combat-wounded veterans with less than 20 years of service to receive both their disability compensation and retirement pay with no offset, also known as concurrent receipt.

   "Year after year, and Congress after Congress, the VFW has advocated to fix concurrent receipt, and this year is no different because Congress has yet to finish the work it started - and promised to finish - 20 years ago," Sarmiento said. "Our government says it holds veterans in high regard, yet we keep using them as a way to save money."

   Sarmiento said that VA disability pay and military retirement pay should be viewed as "fundamentally different" compensations. He said that the current law calls it "double-dipping." Sarmiento noted that the Major Richard Star Act would fix the injustice.

   While the 117th Congress (2021-22) gained "overwhelming" bipartisan support from lawmakers, the bill was not sent to President Biden for approval.

   "The VFW fears the 118th Congress will end with the same result," Sarmiento said. "We must pass the Richard Star Act so veterans receive the full benefits they have earned through their blood and sweat in their service to our country."
   
   
   OVERSEAS HEALTH CARE
   On behalf of VFW, Sarmiento called on members of Congress to "undertake substantial reform" of the VA Foreign Medical Program. Sarmiento, a Filipino American, said he knows people who live outside of the U.S. who earned VA benefits through their military service.

   "We have to provide consistent access to care and support to veterans overseas," Sarmiento said. "VFW welcomes the opportunity to discuss these issues."

   While Sarmiento acknowledged that health care around the world will "never be the same level of care" veterans receive in the U.S., he said veterans who reside overseas often face "indifference and apathy" from the U.S. government.

   He noted that "better beaches" are not the reason veterans live overseas.

   "Many of these veterans are still employees who work for the Departments of Defense or State, supporting American interests and the military mission," Sarmiento said. "Cutting off services for overseas veterans should be viewed as a national security risk, which is why we need to enact common sense reforms for veterans living outside of the U.S."

   To watch Sarmiento's entire testimony, visit https://www.vfw.org/media-andevents/2024-vfw-washington-conference.

   This article is featured in the 2024 May issue of VFW magazine, and was written by Dave Spiva, associate editor of VFW magazine.

2. VFW Demands Action on Major Richard Star Act

   VFW on March 5 held a press conference on Capitol Hill to address a critical disparity that has long plagued many retired veterans.

   If passed by Congress and signed into law by President Joe Biden, the Major Richard Star Act (H.R. 1282/S. 344) would provide medically retired combat veterans who served less than 20 years in the military with full retirement and disability compensation.

   Currently, only retired military members with at least a 50 percent VA disability rating and 20 years of service are eligible to collect full retirement and full VA disability pay. Others who do not fall into those parameters have their retirement pay offset by the amount of disability compensation they receive.

   Presently, the Department of Defense gives combat-related disability pay to more than 50,000 retired veterans with less than 20 years of military service.

   VFW Department of Montana Adjutant and Quartermaster Tim Peters spoke at the press conference and emphasized that there is already bipartisan and bicameral consensus around the Major Richard Star Act.

   "Our veterans cannot afford to continue losing their full-earned military retirement pay because Congress insists on saving money at their expense," Peters said. "It is time to stop talking about this bill and get it done."

   The press conference had a significant turnout of VFW members from around the world. VFW advocates were in Washington, D.C., at the time for the annual VFW Washington Conference. Also in attendance were Sen. Jon Tester (D-Mont.), Rep. Gus Bilirakis (R-Fla.), Sen. Mike Crapo (R-Idaho) and Tonya Star, the widow of Army Maj. Richard Star.

   At the press conference, Tonya Star encouraged VFW, other veterans service organizations and lawmakers to continue fighting for the passage of the Major Richard Star Act.

   "It was, by far, Richard's greatest goal to pass this [legislation]," Tonya Star said. "These men and women earned their retirements - the hard way. And, Richard made myself, along with many of you, promise to not stop until this is done."

   The bill is named in honor of Richard Star, who had to retire early due to terminal lung cancer caused during his service in Afghanistan and Iraq. He died on Feb. 13, 2021.

   This Washington Wire article is featured in the 2024 May issue of VFW magazine.

3. VFW Expresses Concern Over Erroneous VA Bonuses

   WASHINGTON - In light of the recent Department of Veterans Affairs Office of the Inspector General report of funding improperly paid to senior executives last year, the Veterans of Foreign Wars (VFW) is expressing its concerns over the payments.

   "We are very disappointed by the lack of oversight involved here," said Mike Figlioli, VFW Director of National Veterans Service. "Knowing that this funding was intended to retain those in the department with critical skills to take care of veterans or provide them with their much-needed benefits, it is concerning such funding would be paid as an incentive, even if it was just a handful of individuals. That is unacceptable to the VFW and those of us who have advocated so diligently on their behalf."

   In the report, OIG found that senior executive staff assigned to the VA Central Office were awarded these monies instead of the field staff it was earmarked for. These "bonuses," were part of the funding for a retention program used to retain critical talent. The program, which is submitted in a list yearly to Congress, has been used in fields of critical skills shortages, such as nurses, phlebotomists, police, and sanitation and food service workers to name a few.

   "This is poor stewardship of the funding the VFW has fought hard for," said Figlioli. "While we are disappointed such action occurred, we are heartened that once Secretary McDonough discovered the issue, he stopped payments and requested the IG to investigate. With that in mind, we expect the secretary to follow through on his commitment to make this right.

   "Our veterans deserve nothing but the utmost care and service from VA as well as accountability at every level." said Figlioli.

4. Chief's Commentary: Aid for Allies Must Include Support for American Defenders

   WASHINGTON -On April 23, the Senate passed $95 billion in funding to support our allies in Ukraine, Israel and Taiwan, an aid package the House worked overtime to pass three days earlier. Many who advocated for this support, to include the VFW, breathed a sigh of relief, as the United States reaffirmed its commitment as a world leader against tyranny.

   Three weeks ago, I visited our allies in Taiwan and heard firsthand from both Taiwanese officials and VFW members about the importance of this support.

   But before we pat ourselves on the back and declare victory, VFW members once again noticed the conspicuous lack of similar urgency on supporting Americans who stand in harm's way defending the ideals about which Congress says they so urgently care.

   Time and again, we see Congress can mobilize in the eleventh hour to support urgent needs - whether it's averting a self-inflicted government shutdown or waiting until the absolute last minute to reaffirm long-standing and noncontroversial commitments to our allies. They even came together on unrelated legislation, sending a sell or be banned ultimatum to the Chinese-owned social media platform TikTok, which they added to the aid package bill based on national security concerns.

   We rarely see similar urgency to support veterans. The bean counters in Congress will try to smugly dismiss this correlation, obfuscating on how these are different funds for different purposes. Frankly, Americans don't care about the technical nuance of bureaucratic nonsense. They care about results.

   Support for our allies and support for American warfighters are intrinsically intertwined. If Congress can swiftly approve $95 billion to support allies and defense contractors, why do these same legislators balk at the cost of paying military retirees their full earned pensions and disability payments?

   Commonly called "concurrent receipt," the VFW has been fighting for more than 20 years for Congress to keep a promise it made in 2003 to end the unjust policy of offsetting these earned benefits.

   The VFW has been a thought leader in this space, trying to incrementally fix the problem, focusing first on those who literally bled to defend our country.

   The Major Richard Star Act would allow medical retirees who were wounded in combat the option to receive their full military retirement benefits in addition to medical disability. These two distinctly different benefits currently offset one another. Despite veto-proof support across Congress, this common-sense policy solution has stalled for nearly half a decade - regardless of who controls Congress or the White House.

   Just last month, I testified before the House and Senate Veterans' Affairs Committees, calling for the Major Richard Star Act to go to the president's desk now, ending this injustice. VFW members then hit the halls of Congress mustering even more support for a bill that would send a strong message of solidarity to American service members, past, present and future.

   While just about everyone in Congress publicly gives support, they privately balk at the purported price tag of a meager $1 billion per year. Think about that. We have $95 billion to throw around whenever we need it, but when veterans ask for a small share to end a glaring injustice, suddenly we can't scrape together enough nickels to get it done.

   This is not about the money, it is about the gesture of support to our all-volunteer force, which is a national security imperative in the context of recent recruiting shortfalls.

   Defense officials, legislators and pundits consistently come to the VFW, lamenting about the military's troubles recruiting young Americans to serve. When they talk to us about it, it's like listening to the stages of grief: They deny their responsibility. They get angry and blame the VFW. They bargain with us over what more we should be doing.

   Even when the VFW pressured Congress to do the right thing on the Honoring Our PACT Act two years ago, we caught flak from so-called defense experts who refused to recognize that providing for the intrinsic hazards of military service actually reinforced trust and confidence in the military.

   It's time for Washington to accept that this failure rests with decision makers and the fundamental disconnect between Beltway insiders and the Americans who volunteer to serve on the front lines.

   When I visited troops in Europe last fall, I heard how our military is consistently "doing more with less" to execute its missions across Europe, Africa and the Middle East. One group told us they felt like America's "Easy Button" - and this was before Israel was attacked on Oct. 7.

   Moreover, the VFW is tracking more than 30 states who are considering legislation explicitly restricting the conditions under which the federal government can activate their overtaxed National Guard. Something is clearly broken, but the echo chamber in Washington chooses not to see it.

   Since its inception, the VFW has been a strong and vocal proponent of our military, the merits of military service, and the promotion and protection of American ideals. At times in history, it has been our duty to speak truth to power to consistently improve this majestic American experiment. When we see a problem, we act.

   Today we have a major problem. While public sentiment toward the military remains high, young Americans who are fit to serve do not see the military as a viable career path. Initiatives like the PACT Act and the Star Act reinforce trust and confidence in the military, helping bolster the numerous benefits of service many veterans readily acknowledge. It's time that Washington has the same epiphany that America's standing in the world is not dictated solely by how lethal our weapons can be, or how much money we can throw at a problem, but how committed Americans are to the preservation of liberty and deterrence of our enemies.

   The VFW unquestionably supports our allies in Ukraine, Israel, and Taiwan. We know the support Congress pledged is critical. But Congress can never forget that supporting our allies includes supporting our troops. As U.S. military men and women receive injuries supporting and defending our allies, Congress dismisses its obligations to its own servicemembers while giving our allies more money. All the cash, bullets, and bombs are meaningless if we fail to ensure that America's all-volunteer force stands ready to protect our interests across the globe.

   If Congress can get a bill passed that protects American interests abroad and cyberspace at home, then we expect them to show the same urgency to honoring its commitments to Americans who have defended this country by passing the Major Richard Star Act today.

5. 'Small But Mighty'

   As VFW prepares to kick off its 125th year of service, VFW magazine is launching in this issue a "Destination Post Series." The series will feature 125 VFW Posts located in sought-after tourist destinations around the globe.

   Featured VFW Posts are those that make a real difference in the communities in which the Posts are located. Not surprisingly, most of the VFW Posts mentioned throughout the series are All-American Posts.

   The first destination VFW Post in this series is in "America's Sailing Capital" - Annapolis, Maryland. Located one hour from Washington, D.C., and 35 minutes from Baltimore, Annapolis, the nation's capital from 1783-84, is a top tourist destination.

   VFW Post 304 members are out and about in Annapolis, which is how Post Commander Kurt Surber came to join VFW in 2007. A retired Army warrant officer, Surber was at the Anne Arundel County Fair where he visited the VFW Post 304 booth.

   Then-Post Commander Ken Smith mentored Surber and took him to District meetings and Department of Maryland Council of Administration meetings.

   In 2010, Surber, who served in Bosnia and Iraq, became Post commander and has held that position ever since. He also is in his sixth year as District commander.

   Unlike many VFW Posts, VFW Post 304 does not have a bar or restaurant. It does not have regular hours. Members meet the first Thursday of the month at 7 p.m. to discuss how to best serve their community. If a member cannot get to the Post home at 1838 Generals Highway, the meetings are also accessible via Zoom.

   "We are a no-stress, no-drama Post," Surber said. "We are focused on the community and legislative activities."

   During the Anne Arundel County Fair each year, the Post is present for the five-day event. Members distribute VFW's Buddy Poppies, VFW's national flower, and veterans' benefits information. And just as Surber signed up for membership in 2007 at the fair, the Post recruits veterans for its roster.

   Octoberfest is another popular festivity in Annapolis, which means the Post members are present. Members regularly distribute Buddy Poppies at the Navy Exchange.

   Surber said the Post is working to make a tighter connection with the United States Naval Academy, also located in Annapolis. Last fall, Post members had the opportunity to set up a booth in the Navy-Marine Corps Memorial Stadium at the Academy before the season-opener football game. This was the first time Post 304 members had the opportunity to do this. VFW Junior Vice Commander-in-Chief Carol Whitmore also helped out at the booth.

   Another key part of the Post's community involvement is its honor guard service. On a recent Friday, Surber said that four veterans were buried, and the VFW Post 304 Honor Guard performed the appropriate ceremony.

   The Post is involved in VFW-sanctioned activities, too.

   

   "We do all the youth programs," Surber said. "We have a good tie-in with one of the private schools in town which employs a lot of veterans and Reserve members."

   Surber said that the Post's nearly 200 members easily fill the positions because "everyone shares the load." He especially credits members such as Mike Blackwell for the success of VFW Post 304.

   "I'm still working full-time, and he is retired," Surber said. "By working together, we can cover more territory and take care of more things."

   Blackwell said that among the many things that make VFW Post 304 vital is the work its members do on behalf of active-duty troops.

   "We interact with Maryland state legislators as advocates for laws benefiting uniformed services and their families," Blackwell said.

   Member Michael O'Neill concurs, calling VFW Post 304 a "powerhouse of activity." A major in the Army Reserve, O'Neill said Post members are always on the lookout for ways to support the Annapolis community.

   "Like the '80s TV show 'Cheers,' sometimes you just want to go where everybody knows your name," O'Neill said. "VFW Post 304 is the crossroads of camaraderie, and its members are always glad you came. You can continue to expect big things from our small Post."

   Member Peter Speier said he appreciates the way VFW Post 304 members take care of their fellow vets. He noted that they all look after a nearly blind veteran.

   Speier added that the Post also recognizes individuals at all levels for their service in the community, which includes police officers, firemen and teachers.

   "We are small but mighty," Surber said. "We are banded together with a purpose. We want to do good things in the community and good things for veterans."

   The Destination Post series was initially featured in the 2024 April issue of VFW magazine, and was written by Janie Dyhouse, senior editor for VFW magazine.