How To Write A Law And Public Policy Article For The Paralyzed Veterans Of America

Transcription

1 PARALYZED VETERANS OF AMERICA LAW AND PUBLIC POLICY WRITING COMPETITION 2011 The Government Accountability Office (GAO) has issued report after report discussing the Department of Veterans Affairs (VA) significant claims backlog. Not only does it take a long time years to process a veteran s claim, but new claims are flooding in at the rate of nearly a million each year. While VA is testing pilot programs, no clear plan has resulted for any part of the adjudication system. VA has testified before Congress that there are opportunities for more fundamental program reform such as reexamining program design and the structure and division of labor among field offices. This raises the question of what sort of structural change should be considered. Paralyzed Veterans of America asks writers to consider and address: Should the Board of Veterans Appeals (BVA) be modified, decentralized, or even abolished and its function located with the initial claims adjudicators in VA regional offices? Would such a change achieve significant improvement in customer service, cost savings and improved accuracy and timeliness of benefits decisions? A veteran files a claim at a VA regional office, and if that claim is denied, that person can appeal within the agency to the Board of Veterans Appeals (also called the Board or BVA), which sits in Washington. 38 U.S.C The Board is the last step of the agency s nonadversarial administrative adjudication process; a veteran whose claim remains denied may appeal to federal court. Because it is the last step and decides claims from all over the country, the Board is an important cog in VA s machinery. The Board s centralized Washington, D.C. location, however, is merely a vestige of the Board s history. The GAO and Congress have repeatedly focused on consistency in VA adjudications, and it seems that the Board could play a larger role in achieving consistency in veterans claims decisions. Currently, the Board s isolation from the initial claims adjudicators may well adversely impact agency and individual accountability and inhibit the development of a much needed culture where claims are fully developed and accurately decided the first time. Having the agency appellate function available locally could also increase training and educational opportunities for agency staff, improve service to and communication with the veteran claimant, and even eliminate the daily shipment of countless administrative, military and medical records around the country by express mail frequently resulting in processing delays and lost records. Writers may wish to review the VA s recent Congressional budget submission for additional context. VA is a large agency with many responsibilities toward veterans and their families. As a whole, VA has a budget exceeding $61billion, in part because of the large network of hospitals and clinics it operates. For Fiscal Year 2012, VA is seeking $2 billion to run its benefits programs, including funding for approximately 20,000 employees in the agency s headquarters and 57 regional offices. The Board s budget request is more than $78 million for 544 employees in its Washington offices. The entire VA Fiscal Year 2012 proposal may be found at the section of the proposal addressing the provision of benefits to veterans may be found at _Volume_III-Benefits_Burial_Dept_Admin.pdf.

2 The Paralyzed Veterans of America hosts this contest in the hopes of encouraging vigorous discussion of veterans issues. Despite years of tinkering on the margins of the adjudication system, the VA has not been successful in dramatically improving the timeliness and accuracy of its benefits administration, and it is time for creative solutions. Congress should consider the benefits of significant organizational change to fully honor our Nation s commitment to our veterans. Entrants may choose any position or result and should feel free to offer well-supported praise, criticism, or suggestions. Entrants may wish to consider information available from the VA s web site, reports issued by the Government Accountability Office, testimony and reports prepared for the various oversight committees of the House and Senate, and cases decided by the U.S. Court of Appeals for Veterans Claims, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court. Prizes of $3, each will be awarded in two divisions, student and professional. The prizes will be awarded to the entries deemed by the judges to be the best in each division. In addition, the winners will receive assistance from Paralyzed Veterans in publishing the paper in appropriate professional publications or web sites and/or presenting the paper at appropriate professional association gatherings. The competition is open to all students enrolled in ABA-accredited law schools or masters programs in business, public policy, or public administration, for entry in the student division, as well as law school graduates, law professors, and masters degree recipients in those fields for entry in the professional division. Submissions must be received no later than August 1, The Paralyzed Veterans of America is a congressionally-chartered, non-profit veterans service organization. Paralyzed Veterans members are veterans with spinal cord injury or disease. Through our Washington, DC, office and our nationwide network of service offices, Paralyzed Veterans advocates for VA health care and other benefits on behalf of our members and other veterans. The Paralyzed Veterans of America does not have a position on the question posed but hopes to generate discussion in the legal community. For more information about Paralyzed Veterans, please visit 2

3 RULES FOR THE PARALYZED VETERANS OF AMERICA LAW AND PUBLIC POLICY WRITING COMPETITION 1. Students enrolled for the current school year in any law school accredited by the American Bar Association, or any masters degree program in the areas of business, public policy, or public administration are eligible to enter in the student division. Graduates of these degree programs are eligible to enter in the professional division. Employees of the Paralyzed Veterans of America are not eligible to enter. 2. Co-authors are permitted, although only one cash prize will be awarded per entry. Submissions shall be the sole work product of the entrants. For student submissions, papers must be prepared during the current school year; normal comment and guidance by law school faculty is permitted. 3. Papers should be a minimum of 10 pages in length and shall not exceed 30 pages, including footnotes. They must be typed, double-spaced and with one-inch margins, on 8-1/2 x 11 inch paper, in a 12-point or larger serifed font, such as Times New Roman. All citations and footnotes should conform to the current edition of The Bluebook: A Uniform System of Citation and in a 12-point or larger serifed font. 4. An original and four copies of each entry must be submitted and should be accompanied by an electronic copy provided on a CD or DVD in Word format. Papers are judged anonymously, and no identifying information should appear on either the original or copies of the paper. Entrants must submit a separate cover letter listing any author s name, address, and telephone number and a brief biographical sketch. For students, the letter must list the school, degree program, and graduation year. Each entry shall also be accompanied by a letter from the author or authors certifying that the article submitted has not been previously published and is original work. 5. Papers will be judged generally on their substance, clarity of the proposal or thesis, logical force, support of argument, and quality of research. Grammar, syntax, and form will also be taken into consideration. 6. Submissions must be received no later than August 1, 2011, to ensure review. Entries and any questions regarding the Writing Competition should be addressed to: Ronda L. Whichard, Legal Executive Assistant Office of General Counsel Paralyzed Veterans of America th Street, NW Washington, DC Questions may also be sent to Ms. Whichard at RondaW@pva.org. Facsimile or ed submissions are not permitted. Late submissions will not be considered. 3

4 7. The judges anticipate awarding two prizes of $3, to the papers deemed best in the judges discretion in the categories of professional and student. Other cash prizes may also be awarded at the discretion of the judges to papers of particular merit, although no prizes may be awarded if no qualifying entries are submitted. Winners will be notified by September 30, All decisions of the judges are final. 8. Submissions will not be returned to the authors. Submission of a paper grants the Paralyzed Veterans of America the right to publish the paper in its own publications or any other appropriate forum and to publicize biographical information about the author. Entries must be accompanied with a fully completed and executed consent form (attached). If there are co-authors, each author must submit a consent form. Submissions may not be previously published. PVA reserves the right to publish the paper first, after which the author may proceed with publication elsewhere upon notice to PVA. Failure of the author to preserve this grant may result in disqualification. 4

5 CONSENT FOR PARALYZED VETERANS OF AMERICA TO PUBLISH IN PRINTED OR ELECTRONIC FORMAT I,, am the author or co-author of the attached original work, titled, and I have entered this work in the Paralyzed Veterans of America Law And Public Policy Writing Competition for This work has not been previously published. I recognize that the Paralyzed Veterans of America may wish to publish this work or information about me in a printed or electronic format, including publications not owned by the Paralyzed Veterans of America, and I grant permission for the work or information to be used or excerpted in any format or forum deemed appropriate by the Paralyzed Veterans of America. I also agree to cooperate in any publishing undertaken by the Paralyzed Veterans of America. Paralyzed Veterans of America retains its rights in this work until specifically relinquished. I retain the right to seek other publishers for my work only (1) after Paralyzed Veterans of America has initially published the work and (2) if I notify Paralyzed Veterans of America in advance or (3) if Paralyzed Veterans of America has informed me in writing that it does not intend to publish the work. Signed Date Printed Name 5