Nam Vet Newsletter Vol.5 No.9 (7/7)
Larry Jewell
Volume 5, Number 9 September 17, 1991
==================================================================
Hmmm...
==================================================================
ONLY THE PHONY ..... Fake Vets Cash In On Vietnam Chic!
By Susan Katz Keating
October 1991 Soldier of Fortune magazine
Input by Marsha Ledeman
NamVet MIA/POW Section Editor
VETLink #1 - Pittsfield, MA
(413) 443-6313
[Susan Katz Keating is a Washington-based journalist who
specializes in military and intelligence issues. She is a veteran
of the U.S. Army (yes, we checked)...]
Back in his heyday, Jeffrey "Mad Dog" Beck kept an inscribed
silver cigarette case prominently positioned on the coffee table
of his Manhattan apartment. The inscription read: "Jeffrey P.
Beck. In Appreciation for Blood, Fear and Courage in the Vietnam
War. There but for him, go I." The scoop from Beck, an
outrageously flamboyant and successful investment banker, was that
the case was a gift from "some guy" he saved in Vietnam.
Beck had many other war mementos, both physical and
psychological. He liked to startle his colleagues before big
meetings by shouting his favorite battle cry: "Lock and load!"
He used to credit a chunky Seiko watch with saving his hand
from the full force of an AK-47 round --- a blow which, he said,
nevertheless shattered his wrist and left an ugly scar. He regaled
many a listener with harrowing tales of how he earned his Silver
Star, two Bronze Stars and four Purple Hearts while serving as a
Special Forces platoon leader. Even his nickname -- "Mad Dog" --
was bestowed on him in Vietnam, according to him.
The chink in Beck's apparently considerable armor was that
there really wasn't any armor. From 1967 through 1969, when he was
allegedly slogging his way through the jungles of Southeast Asia,
Jeff Beck was in fact attending school in the States, where he was
wracking his brain to find the best method for avoiding the draft.
He hit on the strategy of hiding in plain sight: He joined the
Army Reserve, and put in his required few weeks of training.
Period. Based on that minuscule experience, he was nevertheless
able to concoct a ruse so believable that filmmaker Oliver Stone
at one point was interested in making a movie about him. Actor
Michael Douglas virtually took him under his wing, teaming him
with a New York script writer --- supposedly so that Douglas would
eventually portray Beck.
Like the mythical Icarus whose wax wings melted when he flew
too close to the sun, Beck's high flight was his own undoing. The
wilder and more ostentatious his stories became, the more
suspicious became his listeners. He was eventually unmasked by a
former girlfriend who called a family member out of concern for
Beck's apparently Vietnam-induced problems. The truth leaked out
by word of mouth until he was exposed last year in a front page
story in the Wall Street Journal.
Wild and woolly as it may seem, Beck's in not an isolated case.
VIETNAM GETS CHIC:
"We have seen it before, and we are continuing to see, people
who are misrepresenting themselves as Vietnam veterans," Wayne
NAM VET Newsletter Page 87
Volume 5, Number 9 September 17, 1991
Smith, membership director of the Vietnam Veterans of America
(VVA), a national group with headquarters in Washington D.C.,
says. "It's not just confined to one group or type of people. It's
happening at all different levels of society."
According to John Oberg, a social worker at the Vietnam
Veterans of California, based in Sacramento,"The wanna-be vets are
everywhere. They turn up all over the place." At the height of the
antiwar movement, no one ever heard of a "wanna-be" -- the only
fakers around were those who had "politically correct" agendas for
lying.
For example, in 1971 Al Hubbard was executive director of
Vietnam Veterans Against the War. He said he was a former Air
Force captain with two years in Vietnam. He claimed to have been
flying a transport plane into Da Nang when he caught some
shrapnel. The injury supposedly earned him the Purple Heart.
hubbard's artifice was clearly designed to authenticate his
antiwar stance.
Now, the reasons for posing as a Vietnam vet run the gamut from
greed to guilt. But one thing the current crop of fakers all have
in common is that they are riding the relatively new tide of
"Vietnam chic."
"People have always embellished their war records, but what is
so remarkable now is the turnaround," Wayne Smith says. "We were
ostracized for so long. The authentic Vietnam vets would avoid the
issue. They would hide their uniforms, hide their medals. Yet now,
thanks to the vets who said, `hell no, we won't back down
anymore,' our service is viewed with respect, as being in vogue,
and even sexy or jazzy."
DD-214 UNDERGROUND:
Some impostors go to great lengths to seemingly document their
claims.
"There's a large underground network of fake DD-214s (service
and discharge record) and even award citations," D. Mark Katz,
spokesman for the American Legion, says. The phony documents are
used by all age groups, he adds, not just by those who could have
served in Vietnam. "As long as there are offered benefits for
veterans, there will be a problem with fraudulent documents. If a
government job gives a five-point preference for military service,
then there will be people out there attempting to get that
advantage through fraudulent means."
Other charlatans get by on the strength of their own statements
--- and it appears that no story is too absurd to be believed. In
recent years, some outlandish fabrications have come to light:
a. In Hawaii, a church-sponsored beach party was thrown into
disarray when Leslie A. Tatay crawled out of the surf, pretending
to be an escaped POW from Vietnam. His story had a very short life
span, but managed to see print in the local press before he was
exposed.
b. In Kansas, Robert Lyons passed himself off as a four-star
general, even though he was only 35 years old. He also claimed to
be a Vietnam War hero and CIA agent. He used these guises to get
money from women; he was eventually charged with impersonating a
federal officer.
Other recent cases have been less transparent:
c. In Utah, Robert fife convinced everyone who knew him,
including his therapist, that he suffered numerous problems
resulting from his experience as a Naval officer in Vietnam. Fife
claimed to be a pilot who was shot down in combat, then captured
NAM VET Newsletter Page 88
Volume 5, Number 9 September 17, 1991
and tortured by the Viet cong. After Fife committed suicide, his
wife of 23 years learned he had once enlisted in the Navy, but was
discharged on medical grounds after only eight months.
d. In Arizona, Darrow "Duke" tully resigned as publisher of the
Arizona Republic and Phoenix Gazette when his much-touted war
record turned out to be a fake. Tully had presented himself as
being a combat pilot in both Korea and Vietnam, when in fact he
had never served the military in any capacity.
e. In Georgia, John Maughn obtained loans, jobs and housing
through sympathetic vet center workers touched by his experience
as a POW. He ran up more than $30,000 worth of debts, and finally
aroused the suspicions of local veterans groups. They learned that
Maughn had not served in Vietnam, and that his only time in prison
came as a result of auto theft and firearms convictions.
There are no hard figures on the percentage of fraudulent
veterans, but according to one legitimate vet who attended a post-
traumatic stress disorder (PTSD) clinic in Menlo Park, California,
eight of 100 patients in his program turned out to be bogus.
"Two had forged their DD-214's," he says, " and the others were
discovered in therapy."
Vet center phonies --- such as the mail carrier who claimed to
have been shot seven times in the leg --- are most often just
whisked from the room when unmasked. But the larger-scale, public
fakes arouse a great deal of anger. Some have been ruined by their
own lies.
FAUX GREEN BERETS:
Politician Royall H. Switzler, a Republican state
representative, was trying to get elected as governor of
Massachusetts in 1986, when he decided his chances would be
improved by claiming a Vietnam War record. Switzler sounded very
dashing indeed as he portrayed him self a a former Green Beret
with plenty of jungle exploits under his belt. Unfortunately, the
truth about Switzler was far less appealing: he was indeed a
veteran, but he was also a liar. His military service consisted
only of a peacetime hitch in Korea.
What began as a promising political venture ended in shame.
Switzler was publicly exposed and withdrew his candidacy. He
explained his deception in deferential terms. "I owe an apology to
those who served in Vietnam," he said. "It was out of the high
esteem that I hold for you that I took your honor as my own and in
doing so did you a grave injustice."
Switzler at least recognized when the game was up; he has not
since re-emerged with further tales of alleged adventure. Senator
Tom Harkin of Iowa has not been so careful.
Harkin first lost face in 1984, during a closely contested bid
for the Senate seat he now holds. Harkin was, at the time, a 10-
year incumbent in Congress. He claimed to be a former Navy combat
pilot who flew F-4 and F-8 jets on missions over Vietnam. During
the 1984 Senate contest, another senator, Barry Goldwater (then a
major general in the Air Force Reserve), knew the truth and
decided enough was enough. He publicly denounced Harkin as a fake.
Harkin's people at first responded with a hilarious explanation
that their man had actually been in combat in Guantanamo Bay,
Cuba, from 1965 to 1966, when he flew the F-4 and F-8 missions.
But Harkin finally came out and said that he had never been a
Vietnam combat pilot, contradicting his own numerous published
claims. The issue seemed settled once and for all when he set the
record straight; he was in fact a ferry pilot, transporting
NAM VET Newsletter Page 89
Volume 5, Number 9 September 17, 1991
crippled aircraft out of Saigon to repair facilities in Japan.
Coming clean did Harkin a world of political good --- he won
the race. Within months of being sworn in, however, he again made
false claims, this time intimating he had walked the jungles of
Southeast Asia.
After viewing controversial photos which purported to show
Nicaraguan contras slitting the throat of a Sandinista spy, Harkin
vouched for their authenticity. "The pictures show graphically the
same kind of thing I saw in Vietnam," he said.
The claims slipped by relatively unnoticed. Now, with a run for
the presidency looming on his horizon, Harkin is once again being
touted as a Vietnam combat pilot. It remains to be seen whether
his service will become an issue in the coming campaign.
Just as Harkin benefited from his first unmasking (and
subsequent confession), so too did two Texas based impostors who
hoped to parlay their phony backgrounds into a successful business
venture.
PHONY VETS START MUSEUM:
Gaylord Stevens and Kenneth Bonner both claimed to be Vietnam
veterans when they opened their Vietnam War Museum in San Antonio.
Ironically, the two men even fooled each other: neither knew that
the other was a sham. They maintained their deceptions for only a
few months past the museum's Fourth of July grand opening. Their
true military backgrounds were revealed, prompting a great public
uproar.
Most of the attention focused on Stevens, who was discovered to
have been charged in 1981 with possession of counterfeit money and
conspiracy to print counterfeit currency. He pleaded guilty to the
first charge, cooperated with government agents, and served no
jail time.
Both Stevens and Bonner admitted wrongdoing and submitted their
resignations to the museum. It was clearly the right move. The
museum's board of directors embraced them as if they were prodigal
sons, insisting they stay on. Bonner later left, for reasons
unrelated to the scandal, with Stevens remaining at the helm.
Surprisingly, he emerged as something of a folk here.
"I expected to be run out of town on a rail," he said at the
time. "I thought I would have to leave. I never expected to still
be a part of it. It's quite interesting and strange that I am."
Stevens said he lied about his record in order to get much-
needed donations. He said that real veterans told him they would
not have helped with the project had they known he was not
genuine. For a while at least, it seemed that the museum would be
a success. Publicity from the scandal brought in visitors who
otherwise might not have come. Those who did come were enriched,
Steven said.
DISCOVERED ONCE --- TRY AGAIN:
"The Veterans Administration said the museum helped people who
suffered from stress syndrome," Stevens said. "Psychiatrists said
it helped guys to work here. I had one guy leave a piece of scrap
metal that had been in his pocket for 20 years. I had one lady in
tears. She confessed she had been out throwing rocks and bottles
during the war because she was upset about her own husband being
killed over there."
Steven's good fortune did not last long. He ran into financial
difficulty and attempted to transfer some of the museum's assets
to a newly formed group, the Viet Nam War Institute. Last July,
NAM VET Newsletter Page 90
Volume 5, Number 9 September 17, 1991
officers of the institute announced they had broken off
negotiations "for legal, liability and public image reasons too
numerous to mention." They planned to open their own facility at a
separate location.
Steven's himself resurfaced in Houston, this time calling
himself a "Vietnam-era vet (he served in the Coast Guard from 1969
until 1972, remaining in the United States the entire time). He
announced he was raising money to open a new facility near the
downtown convention center.
"He came to us asking for support," an officer with a member
group of the Houston-area Veterans Council, a coordinating body
for the town's chartered veterans organizations, says. "We asked
him to explain how and where he got his money. He said they had
donations from two well-known area corporations. When we checked
up on it, the companies said they hadn't even heard of Stevens,
let alone been approached by him."
Stevens, meanwhile, had hired a number of sack-toting
solicitors to collect money by the side of the road. The takings
were supposedly deposited each day at a bank named by Stevens.
"The bank where he claimed to have an account said there was
none in the name of Gaylord Stevens, the Vietnam War Museum, or
that of his development director," according to the source. "We
then set up three meetings at which we were promised the group's
financial records, and the documentation on the authenticity of
their 4,000 display artifacts." They never produced the records or
the documentation.
FAKES DAMAGE REAL VETS:
The episode produced precisely the type of negative publicity
veterans like to avoid. "There's a lot of animosity over this,"
Steve Blumenthal of the Houston chapter of VVA says. "A lot of
vets feel it is giving them a bad name."
The museum reportedly has a few artifacts and some camouflage
netting on display at a storefront operation in Houston, but
apparently has not yet installed a telephone. Neither the museum
nor Stevens is listed with Houston information.
Groups trying to help Vietnam veterans worry that the fakes
cause damage in a way that cannot easily be seen. "When vets get
into group therapy and discuss war trauma, it is a very
confidential and trusting process," Oberg says. "If you open up to
someone, and then find out he's not authentic, it's a very hurtful
feeling. Many vets have a lot of pain in their lives from
rejection, and some interpret this as a form of rejection.
Some veterans don't separate the components of their lives.
What happened in terms of the government, their families, wives
and friends," he continues, "are clumped together as one
experience. They respond to all things with the same level of
mistrust. I have seen vets get very hurt by wanna-be vets
undermining their trust."
On another level, counterfeit vets delay the treatment of
genuine vets by using up valuable group therapy time with their
fantasies. Veterans groups have been particularly vulnerable to
deceit because vets' etiquette says you do not challenge your
fellows. Even the leadership of various groups has at times been
infiltrated.
OP SUNBURN; HONOLULU: '68
Last August the Vietnam Veterans Resource and Service Center in
Dallas was the subject of scandal when its executive director,
NAM VET Newsletter Page 91
Volume 5, Number 9 September 17, 1991
John Woods, admitted he had lied about his military record. Also a
technical "Vietnam-era" vet with service in the Coast Guard, Woods
had invented a tour in Vietnam, when in truth, he served a year
stationed in Honolulu. His early discharge was brought on by
repeated drug abuse while on board ship. Woods, too, had a
criminal record, with prison time for drug-and firearms-related
convictions.
The revelations concerning Woods were akin to a bad rerun for
Dallas-area veterans. A year earlier Joe Testa, president of the
local chapter of the VVA, was found to have a bogus background.
During his tenure with the VVA, Testa told many horror tales of
watching his buddies die in combat, and also of seeing fellow
veterans mistreated at home by antiwar protesters. He sometimes
wore a uniform bearing sergeant's stripes and a Silver Star for
gallantry in action.
Again, Testa was indeed a veteran --- but he never left the
States. He served 21 months, during which time he never rose above
the rank of private; went AWOL repeatedly; and received two
sentences of hard labor, both of which were suspended. After his
discharge, he was convicted at least four times for credit card
abuse and theft by check.
In an odd twist, testa himself confronted another phony veteran
while he was serving as the Dallas VVA chapter head. A woman
claiming to have been a combat nurse in Vietnam turned out to have
been a dental hygienist stationed near San Antonio. She apologized
for lying, then asked the group's permission to speak at a college
forum on behalf of women who served in Vietnam. Testa reportedly
rejected the request, and admonished the woman for faking her
service record.
As outlandish as these stories are, however, they are not the
first of their kind.
This is not an unusual phenomenon," Smith says. "You can read
in history about people who embellished their service records or
made them up when they hadn't served. It is important to put
things in perspective."
One of the most notorious cases in recent history is that of
"Tail-Gunner" Joe McCarthy, the crusading senator from Wisconsin.
McCarthy gained much political mileage from his reputation as a
combat tail-gunner in World War II. He also was allegedly wounded
in combat. But McCarthy's true assignment was that of an
intelligence officer debriefing the real combat pilots as they
returned from missions over islands held by the Japanese.
McCarthy's experience with a tail gun was limited to joy-ride
missions against coconut trees. His famous war wound was actually
sustained falling down a stairwell. His eventual exposure made him
an object of public ridicule.
A number of bogus claims were made following World War I
regarding the famed Lafayette Escadrille. The group was formed in
April 1916, a year before the United States entered the war, and
was set up so that American airmen could fight for France without
violating neutrality restrictions. The unit acquired a romantic
and heroic reputation when men who served with less prestigious
units (and some who didn't serve at all) later claimed to have
flown with it.
"It was a major case of cashing in," military historian Jon
Guttman says. "The real veterans were quite angry about it and
they protested these false claims."
Not surprisingly, the genuine Vietnam vets are also very angry
that phonies are cashing in on the service of others. "We have an
NAM VET Newsletter Page 92
Volume 5, Number 9 September 17, 1991
obligation to the memory of my brothers who served to keep the
record straight," Smith says. "War is a high-cost experience. It
ought not be trivialized by people aggrandizing themselves so they
can get prestige, or a date with a girl. The American people
deserve better than that."
HOW TO GUARD AGAINST FRAUDS?
Sometimes you can't --- at least not entirely. But there are
ways to reduce the likelihood of being scammed.
Certain lines and phrases can be dead giveaways. Very few
wanna-be's, for example, claim to have been clerk typists based in
the States; they all take on mantles as combat pilots, SEALs or
Green Berets on supersecret missions. They typically claim to be
the sole survivor of a massacre, or to have performed impossible
rescues.
When confronted with the lack of documentation for their deeds,
the phonies deliver a stock response, their assignments were so
sensitive, the military has destroyed all evidence, including
service records of persons involved. This, of course, is nonsense.
Even in the case of genuine secret missions, there is always a
service record containing plausible cover duties.
"A fake vet can be determined through an investigation of
claims," Mark Katz says. "If someone is talking to you and has his
times, locations and other details wrong, then you know you have a
fake on your hands. The problem is, how many people know what to
look for?"
"Little things can be done," Oberg says. "When we service a
client, we have him sign a waiver saying he is telling the truth
under penalty of perjury. We get his DD-214, pus his 201 file,
which is the military war record. That turns up what the person
did, his testing scores, the whole ball of wax."
The services, meanwhile, might do well to follow that advice
themselves. During Operation Desert Storm, the Pentagon narrowly
averted disaster when it learned that a special operative
dispatched on a mission to the Persian Gulf had been through none
of the special warfare schools indicated on his resume. The faker
was uncovered by chance, when he happened to sit next to a genuine
operative in a bar, and happened to rattle off specifics about his
alleged training.
The stories didn't ring quite true to the listener. One thing
led to another, and an investigation was soon underway. The
imposer was yanked from the field in the nick of time, just as he
was about to lead his unsuspecting team to certain failure.
"You have to do the moral equivalent of turning on the light to
look for cockroaches," smith says. "Press people. Ask for
verification."
NAM VET Newsletter Page 93
Volume 5, Number 9 September 17, 1991
PERSEVERE WHEN DEALING WITH THE VETERANS COURT
By Gary L. Bloomfield
August 1991 VFW Magazine
Submitted by: Charlie Revie
Desert Dolphin BBS - Las Cruces, NM
(505) 523-2811
-and-
Isaac Frazier
VETLink #1 - Pittsfield, MA
(413) 443-6313
Presenting your case before the U.S. Court of Veterans Appeals is
a time-consuming and complex process. And a recent proposal to
bar non-attorneys from representing vets could make it even more
frustrating.
Perseverance may be a virtue, but when a veteran files a claim
for benefits with the Department of Veterans Affairs (VA), often
it becomes a necessity. Usually months, and sometimes years, are
required to resolve a case. Prior to 1988, a veteran denied
compensation had no recourse but that of submitting to the
gauntlet from VA regional office through the Board of Veterans
Appeals (BVA).
This entire process remained within the control of VA, leaving
the veteran feeling powerless. Many dropped out along the way,
frustrated by the fight for a benefit they felt they deserved.
But with the Veterans Judicial Review Act in 1988, Congress
acknowledged the need for a mediated appeal. One in which the
veteran had a fair chance of being heard by impartial judges.
Thus was created the United States Court of Veterans Appeals
(COVA).
Totally separate from VA, COVA reviews the documentation of a
veteran's claim, from initial request up through the BVA's
decision to deny the claim. "It's a review to determine whether
BVA or a VA regional office committed some error in the process,"
explains COVA's Chief Judge Frank Nebeker, a National Guard
veteran.
(Five of the six associate judges are veterans, three of whom
served in Vietnam. One, John Farley III, is a combat vet who
received two Purple Hearts between 1968-69.)
Most COVA cases can be decided by reviewing the documentation
submitted by the veteran and the VA. But when questions arise, a
hearing is held where both sides face probing queries that take on
an adversarial tone.
VA lawyers, often appearing at a COVA hearing as a team, are
prepared to defend the BVA's decision to deny a benefit. They are
well-versed in veterans law and legal posturing, leaving the
unrepresented veteran with little or a reduced chance of success.
(PRO SE cases - when a vet is not represented - account for nearly
two-thirds of the cases decided by COVA so far.)
Often opposing the VA are personal lawyers unfamiliar with
veterans law, or non-attorney representatives who are experts on
the VA, but may lack some of the legal background to maneuver
safely through the minefield of the appeals process.
COVA ESTABLISHES PRECEDENTS
In the two years since its investiture, on Oct. 16, 1989, COVA's
chief judge and six associate judges have made decisions on
numerous landmark cases that will guide VA regional offices and
NAM VET Newsletter Page 94
Volume 5, Number 9 September 17, 1991
the BVA for all related cases to follow.
"Even though veterans who have been denied a benefit by the BVA
have the right to an appeal, the Court is screening cases for
merit," stresses George Estry, VFW's Chief of Appeals. "We have to
understand that this court is a battleground for larger issues and
how the law affects all entitlements for all veterans, rather than
one individual."
Rather than hear hundreds of Agent Orange cases, for instance,
COVA will rule on one case and remand the others to BVA for re-
review. And it will expect VA to issue instructions to its claims
officers concerning COVA's Agent Orange directive for all future
cases.
"Many veterans have common issues and they would like one
decision that applies to all," says Nebeker. "Every decision of
the Court is in effect a class-action decision in that it has a
retrospective effect on cases that have already been decided."
For example, an early COVA decision concerned "benefit of the
doubt." In GILBERT VERSUS DERWINSKI COVA ruled that in order to
file a claim a veteran must have valid evidence to support it.
If, in its ruling, the VA or BVA is undecided about the validity
of that evidence, then the benefit of the doubt goes to the
veteran.
In this same ruling BVA lawyers stressed that a reason for
denying a claim does not have to be given. But the judges
disagreed, demanding that this case and all future denials warrant
specific reasons why a benefit was denied.
All future cases involving "benefit of the doubt" will be
referred back to BVA. VFW Department service officers assisting
veterans with their claims will also be notified through National
Veterans Service (NVS). They will be able to "remind" VA claims
officers of pertinent COVA rulings.
"If VA is doing what should be done, that decision would be
immediately disseminated to the regional offices and to all the
BVA members," according to Nebeker. "Let's assume a VA regional
office or the Board in reviewing another case implicating the same
regulation and the same issue. Our decision would be binding on
that case."
Ruling on one case to benefit many is crucial. As Estry points
out, "Even though every veteran who has been denied a benefit at
BVA has an absolute right to appeal to the court, the court does
not have to hear that appeal."
APPEALS PROCESS
Two restrictions apply to cases considered by COVA: only those
for which a notice of disagreement were entered after Nov. 18,
1988 (when the Veterans Judicial Review Act was passed) will be
reviewed, and only claims filed within 120 days of a BVA decision
are reviewed. All other cases are dismissed.
Any veteran dissatisfied with a BVA ruling may appeal his case
within 120 days to COVA by filing a Notice of Disagreement Also,
a $50 filing fee is required, unless a financial hardship waiver
is requested.
"This starts the process, followed by a Statement of Issues
which explains those points the claimant wants the court to
review," says Estry. "The veteran cannot raise new issues with
the court that were not ruled upon by the Board."
Once contending sides have submitted their statements, this
evidence is made available to both, and then they can amend their
initial statements.
NAM VET Newsletter Page 95
Volume 5, Number 9 September 17, 1991
This seesawing alone can take 305 days, as allowed, before the
case is actually assigned to a panel of three judges for their
review.
A prehearing conference is held, and sometimes an "oral
argument" is required.
Any questions that arise require further delay in scheduling a
court date acceptable to both parties. Even after all this a
final decision can take weeks.
"As can be seen it is a long and arduous task to take a case
through to its completion under the system of judicial review,"
cautions Estry.
VFW's COVA Section
With the creation of COVA, the VFW's NVS formed its own COVA
appeals staff and immediately began reviewing more than 2,800 BVA
decisions for possible representation.
"All requests for VFW representation must have been cases the
VFW DSO assisted in throughout the VA administrative decision
making process," Estry emphasizes. Veterans have used other
veterans service organizations (VSOs) for their initial claims,
but not all VSOs can provide representation at the COVA level.
"Resources are limited and some VSOs cannot maintain a staff to
work with the court," says Estry. "Training in veterans law is
vital, but that also costs money, which some VSOs may need for
other programs. Even office space, which is free within VA
facilities but not at COVA, can be a hugh expense in Washington,
D.C.
"To make sure our service officers were brief on COVA we invited
Chief Judge Nebeker to our service officer training program last
year."
Because of all these factors, and because of its commitment to
COVA, the VFW is one of the few veterans organizations prepared to
handle a veteran's case from initial claims request all the way to
COVA, if necessary.
NON-ATTORNEY REPRESENTATION
Any courtroom is a battlefield, and within the COVA arena VA
attorneys have been well-prepared to defend their department.
Facing them are non-attorney representatives who are experts at
veterans entitlements but know little about the legal side. Or
professional attorneys who can parry any opposing legal blows, but
often are not well-versed in veterans law.
Nebeker underscored this disparity. "When I came to this Court
I had zero understanding of the complexities and the process of
administering veterans benefits. That is one of the reasons the
Court saw fit to have non-lawyer representation. We knew that
though they were not lawyers, they knew a hell of a lot more about
the process than most lawyers, and that's proved to be quite true.
"The rub is that we're asking them to double as lawyers.
They're perfectly at home dealing with the administrative process,
but in dealing with judicial review they're out of their element."
Recently the chief judge rewrote Rule 46 of the Court, which
would require a veteran's non-attorney representatives to be
directly supervised by an attorney admitted to the bar of the
Court. "We believe that the Court in changing Rule 46...
constitutes an egregious flaunting of the spirit and the intent of
Congress in creating the Court, that of making the Court service
organization-friendly," wrote VFW Washington Office Executive
Director Larry Rivers in a letter to Chief Judge Nebeker.
NAM VET Newsletter Page 96
Volume 5, Number 9 September 17, 1991
"As staunch advocates for the establishment of judicial review
of VA decisions... it is our conviction that representation by
non-attorney experts in veterans law and entitlements is in the
best interest of veterans."
Rivers has testified before Congress, saying that COVA was
created "by veterans for veterans" and the hiring of an attorney
just so VFW can defend cases before the court would be
hypocritical.
In response to opposition from the VFW and other veterans
service groups, COVA's Rule 46 has been put on hold.
Nevertheless, though Rule 46 threatens to jeopardize VFW's
participation, for the present VFW will continue to work with
COVA. It has the potential to balance the system, forcing VA to
follow the governing laws and regulations more uniformly. After
all, to ensure fairness is why COVA was created.
NAM VET Newsletter Page 97
Volume 5, Number 9 September 17, 1991
==================================================================
Charlie's Angels
==================================================================
VIETNAM_VETS: Where?
By Charlie Revie
NamVet's KOTL (Keeper of the List)
Desert Dolphin BBS - Las Cruces, NM
(505) 523-2811
[Note from Joe - The following is a list of where the VIETNAM_VETS
echo has been known to be available for users to access and post
messages. Charlie and his team of Angel's (Charlies Angels
<smilez>) keep a constant monitor on the echo and, should a new
entry be noticed, it is quickly added to the list. If you notice
that the bbs where YOU access is NOT listed, please post a message
in VIETNAM_VETS to let us - and other vets - know where it is
being received. Thanx - Joe]
AL Huntsville Gateway 205-880-7723
AZ Phoenix NCMC BBS 602-840-4752
AZ Phoenix Nighthawk 602-995-3321
AZ Phoenix The Ranch 602-780-9180
CA Anaheim CA Self Help Library 714-952-2110
CA Azusa Azusa Pacific 818-969-9542
CA Azusa Azusa Pacific 818-969-9170
CA Benicia Byte Out of the Apple 707-747-5406
CA Benicia Byte Out of the Apple 707-747-0306
CA Benicia DCC BBS 707-746-6091
CA Burlingame SeaHunt BBS 415-344-4348
CA Folsom Second Opinion 916-985-4720
CA Oxnard SURFBOARD BBS 805-483-1467
CA Sacramento Broken Rose 916-971-0589
CA TwentyNine Palms Desert Night RBBS 619-361-3421
CN Regina, Sask Holistic BBS 306-789-9909
CO Fountain Military Connection 719-391-9387
CT Branford Alice's Restaurant 203-488-1115
CT Branford Fernwood 203-483-0348
CT Cheshire Soapbox BBS 293-271-2249
CT Concord Online Computer Reso 415-687-0230
CT Plantsville The Pig Pen 203-628-9346
CT Plantsville The Pig Pen 203-620-0562
CT Southington DownStairs 203-621-1930
CT West Haven Ascii Neighborhood 203-934-9852
DE Dover DELFIRE 302-739-6757
FL Orlando Digital Connection 407-896-0494
FL Orlando Freedom Line BBS 407-423-2111
FL Orlando Gourmet Delight 407-649-4136
GA Albany 2/121st IN-formation 912-430-4543
GA Athens Classic City 404-548-0130
GA Athens Classic City 404-548-0726
GA Hephzibah FORT KNOX'S BBS 404-592-6527
GA Savannah Night Owl 912-964-4266
GA Savannah Night Owl 912-964-1161
GA Savannah Night Owl 912-964-2425
GA Savannah Night Owl 912-964-1121
GA Savannah Night Owl 912-966-1167
IA Des Moines FOG-LINE 515-964-7934
IA Des Moines KARMA *VS* DOGMA 515-288-7793
NAM VET Newsletter Page 98
Volume 5, Number 9 September 17, 1991
IL Chicago NETWORK Echogate 312-427-1395
IN Ft. Wayne Semper Fi 219-424-4292
LA New Orleans MUG BBS (Line 2) 504-837-8180
LA New Orleans Southern Star 504-885-5928
MA Amherst Pioneer Valley PCUG1 413-256-1037
MA Lynn Freedom's Choice 617-593-2605
MA Pepperell Region 16 Echo Coord 508-433-8452
MA Pittsfield Berkshire Estates BBS 413-499-1327
MA Pittsfield VETLink #1 413-443-6313
MD Baltimore Jim's Hooch 301-866-8613
MD Baltimore PainFrame BBS 301-488-7461
MD Shady Side VetLink #4 301-261-5644
MO Cape Girardeau Capaha Online 314-334-3605
MO Cape Girardeau Cape Girardeau 314-334-6576
MO Cape Girardeau In My Room BBS 314-334-6576
MO Cape Girardeau Nightline 314-334-3340
MO Cape Girardeau VETLink #3 314-334-6359
MS Vicksburg Southern Belle 601-634-1625
MS Vicksburg The Wishing Well 601-638-7056
NC Fayetteville Federal Post 919-436-2055
NC Havelock Dragon Quest II 919-447-3321
NC Raleigh InfoSys 919-851-8460
NC Raleigh Shalom-3 919-851-3858
NJ Garfield Quill & Inkpot BBS 201-340-1340
NJ Lyndhurst Starship ][ 201-935-1485
NJ Lyndhurst Starship ][ 201-935-7036
NJ Passaic VetLink #5 201-778-1879
NM Las Cruces Desert Dolphin 505-523-2811
NV Las Vegas Sports_Line 702-565-5271
NV Reno Deceiver_System 702-322-6570
NY Marlboro ACORN I 914-236-3265
NY Phoenix G A L A X I A ! 315-695-4436
NY Rochester Flower City 716-889-2016
OH Akron Buckeye Hamshack 216-867-6984
OH Rocky River Nerd Nook II 216-356-1872
OK Lawton DarkStar 405-248-9884
OR Beaverton Chess Board 503-629-5473
OR Portland Landing Zone 503-254-6819
PA Bensalem Backbone Collection 215-638-8367
PA Harrisburg The Other BBS 717-657-8699
PA Johnstown Family BBS 814-536-7617
TN Memphis Network BBS 901-763-1427
TN Nashville Homestead 615-385-9421
TN Nashville Unicorn & Dragon 615-385-2260
TX Arlington DD Connection 817-261-6309
TX Corpus Christi SEABAT BBS 512-387-6638
TX Corpus Christi Ye MailRoom 512-855-7584
TX Dallas Chrysalis 214-349-9397
TX DeSoto Diamond Lil's Saloon 214-228-9173
TX Houston Fireside 713-496-6319
TX Houston LAW=ONLINE 713-526-0719
TX Houston Leaders in Control 713-584-1821
TX Houston Texas Fathers For ER 713-376-4767
TX Houston TreeShare Genealogica 713-342-1174
TX Katy Executive Washroom 713-347-2558
TX Missouri City Soldier's Bored 713-437-2859
TX Pasadena Pier 7 713-477-2681
TX Portland Garfield 512-643-7858
TX Rosenberg Merlin's Keep 713-342-7629
NAM VET Newsletter Page 99
Volume 5, Number 9 September 17, 1991
VA Falls Church Grey Eagle 703-534-0177
VA Herndon HBX/VETLink #2 703-471-8010
VA Herndon HBX Veterans Memorial 703-471-8563
VA Newport News Brokedown Palace 804-591-8537
VA Newport News OBSESSIONS 804-887-2140
VA Norfolk Apex 804-436-3125
VA Williamsburg Rainbow's End 804-872-7171
WA Bremerton Jimby BBS 206-698-1044
WA Everett Silver Lake 206-338-3723
WA Everett Silver Lake Too 206-338-3168
WA Ft. Lewis Silent Sentry BBS 206-984-1048
WA Graham Last Frontier RA 206-847-8168
WA Redmond GreyHounds BBS 206-868-4402
WA Seattle Puget Sound TBBS 206-745-6340
WA Spokane Think Tank II 509-244-6446
WA Tacoma Group Medical BBS 206-581-9088
WI Milwaukee PC-Express 414-327-5300
** Bremerton, WA British Hands Off <Point-Only>
** Corpus Christi Corrosion by the Ocea <Point-Only>
** Custer, SD GOTCHA! <Point-Only>
** Phoenix, AZ Hirschfeld Law Office <Point-Only>
** Pittsfield, MA VetPoint 707 <Point-Only>
** ............... Any Port in the Storm <Point-Only>
** ............... OLD Soldiers Home <Point-Only>
** ............... Support our men <Point-Only>
NAM VET Newsletter Page 100
Volume 5, Number 9 September 17, 1991
Some Gave ALL ... Some Still Give!!!
O O
O SOME GAVE ALL ...
________O__________________________________O______________
! O O !
! pow mia pow mia - BRING THEM HOME NOW! - pow mia pow mia !
! O O !
! ~~~~~ ~ ~ O~ ~~~ ~~ ~~ ~~~~~~ ~~~~ O ~~ ~ ~~~~ ~~~ ~~ !
! ~~~~ ~ ~~ O ~~~~ ~~~ ~~~ ~~~ ~~ ~O~~~ ~~~ ~ ~~~~ ~~ !
! ~ ~~ ~ ~~ ~ O~ ~~ ~~~ ~~~~ ~~~ ~~~ O ~~~ ~~~ ~~~~ ~~~ ~ !
! ~~~ ~~ ~~ ~ O ~~ ~~~ ~~~ ~~~~ ~~ O ~~~ ~~~ ~~~ ~~~ ~ ~ !
! ~~ ~~ ~~~ ~~ ~ O ~~ ~~~~ ~~~~ ~~~ O ~ ~~~ ~~~~ ~~~ ~~~ ~ !
! ~~ ~~~ ~~~ ~~ O ~~~ ~~~ ~~~ ~ O ~ ~~ ~~ ~~~ ~~~ ~~ ~~ !
! ~ ~~ ~~~ ~~~ ~ O ~_~_~_~_~_ ~ O ~ ~~~~ ~ ~ ~~~ ~~ ~~ !
! ~~~ ~ ~ ~~~ ~~ ~ O ) O ~ ~~ ~~ ~~ ~~ ~~ ~~ ~~~ !
! ~ ~~ ~~ ~~ ~~ ~~ /(O) / O \ ~~ ~~ ~~ ~~ ~~ ~~~ ~ ~ !
! ~ ~~ ~~~ ~~~ ~ / / O \~~~~ ~~ ~~~~~ ~~~ ~~ ~ !
! ~~ ~ ~ ~~ ~~ / PRISONER / \~~ ~~ ~~ ~~~ ~ ~~~~~~ !
! ~ ~~ ~~ ~~ ~ / / MISSING \~~ ~~ ~~ ~~ ~~~ ~ ~~ !
! ~~~ ~ ~~ ~~ / OF /\ \~~ ~~ ~~~ ~~ ~~~~ ~ !
! ~ ~~~~ ~~ ~ / / \ IN \~ ~~~~ ~~ ~~~ ~~~ !
! ~~~ ~~~ ~ / WAR / ~~ \ \ ~~~ ~~ ~~ ~~ ~~ !
! ~ ~~ ~~ ~ / / ~ ~~ \ ACTION / ~~ ~~ ~~~ ~~ ~~ !
! ~~ ~~ ~~~(__________/ ~~ ~~~ \ / ~~~~~ ~~~~ ~~~~ !
! ~~~~~ ~~ ~ ~~ ~~ ~ ~ ~~ ~ ~~~ \ / ~~ ~~~ ~~ ~~~ ~~~ !
! ~~ ~~ ~~~~ ~~~ ~~~ ~~~~ ~~ ~~~ \ / ~~ ~~~ ~~~ ~~~~~~~ !
! ~~~ ~~~ ~~~~ ~~ ~~~~ ~~~ ~~ ~~~ \ /~ ~~~~~~~~~~~~~~ ~ ~ !
! ~ ~~ ~~~ ~~ ~~ ~~~ ~~~~ ~~ ~~~ ~ ~~~ ~~ ~~~ ~~~ ~~ ~~ ~~
! ~~ ~~~ ~~~~ ~~~ ~~ ~ ~~~ ~~ ~~~~~~~ ~~~~ ~~~ ~ SOME STILL GIVE
! ~ ~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~~ ~~~~ ~~~ ~~~~ ~~~~
! ~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~~ ~~~ ~~~ ~~~ ~~ ~ ~~~~ ~~~ ~~~~ !
! mia pow mia pow - BRING THEM HOME NOW! - mia pow mia pow !
!__________________________________________________________!
NAM VET Newsletter Page 101