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Concerns Arise Over Veterans Affairs’ New Restriction on Legal Guidance
The Department of Veterans Affairs (VA) has issued a directive limiting communication between its benefits office staff and the Office of General Counsel (OGC), raising alarm regarding the potential implications for legal advice within the Veterans Benefits Administration (VBA). Employees have been instructed not to contact OGC attorneys without explicit consent from higher authorities, thereby complicating their ability to seek necessary legal guidance.
Typically, VBA personnel rely on the expertise of OGC for assistance concerning claim adjudications, litigation matters, and interpretations of evolving laws and policies. Recently circulated emails reveal that Cheryl Mason, a senior advisor to VA Secretary Doug Collins, mandated that VBA staffers must obtain prior approval before reaching out to OGC. As stated in one of these emails, “This means no direct communication with OGC attorneys is permitted without prior approval.”
This recent change appears to follow a pattern of actions by the Trump administration aimed at reducing the role of career attorneys within federal agencies. The administration has seen a wave of dismissals or resignations of legal staff within the Justice Department and initiated consolidations impacting the general counsel’s regional offices at various departments, including Health and Human Services (HHS).
Initially, VA employees were prohibited from interacting with any OGC staff, even at regional levels. This restriction was later relaxed, allowing for some communication, provided every interaction is documented and reported to senior management. Regional staff members were required to log details of any meetings with OGC representatives, including the date, participants, discussion topics, and duration of the exchanges.
Cheryl Mason, the architect of this policy, is President Trump’s nominee to lead the VA’s Office of Accountability and Whistleblower Protection, which was established to provide a safe channel for employees to report misconduct while safeguarding them from backlash—a promise that has faced scrutiny in its implementation.
Implications of Restricting Legal Oversight
The OGC is responsible for over 600 attorneys among its nearly 900 staff, working to ensure compliance with laws pertaining to veterans’ benefits and health care. The office is also tasked with safeguarding the VA against litigation that may impede efficient services for veterans. Their role includes oversight of a Benefits Law Group designed to collaborate with VBA—though the effect of the new policy on this partnership remains uncertain.
Former VA general counsel Richard Sauber expressed concern that the new policy could hinder VBA operations significantly, citing motives either to restrict legal advice or to delay processes. He remarked, “The implication is they worry the advice from the 600 experienced civil servants might not align with their political agenda.”
Dave Lehmann, an accredited private attorney focused on veterans’ benefits, warned that limiting OGC’s contact with VBA could lead to severe ramifications. He cautioned that this directive risks isolating VBA operations from crucial legal oversight. “They’re effectively taking VBA unilaterally without any legal checks,” he said.
He highlighted the essential function OGC serves in establishing precedents that guide VBA’s decisions on veterans’ benefits, including pivotal rulings related to disability claims stemming from service-related issues. For instance, OGC has determined that veterans can qualify for benefits if weight gain due to a service-connected condition leads to additional disabilities.
OGC’s influence also extends to helping the VA navigate the complexities introduced by legal changes, such as those exemplified by the PACT Act, which establishes presumptions of service connections for veterans with respiratory issues linked to burn pit exposure.
Concerns Over Oversight and Compliance
The recent directive comes amid broader changes under the Trump administration, notably removing judges and legal staff perceived as lacking alignment with its policies. Such shifts have left many within the VA questioning how effectively it can operate when it comes to oversight.
With ongoing administrative appeals and substantial litigation resting on a precarious balance, employees within impacted agencies convey feeling overwhelmed and unprepared to handle the increasing caseloads without the necessary legal support. Major reductions of regional offices’ capacity have prompted fears of insufficient oversight over critical services.
One employee cautioned, “If you know someone in a nursing facility or receiving health care, there’s a real reason to be concerned. Oversight of potentially harmful conditions is being jeopardized.”
Looking Ahead for VBA and OGC Interactions
As the VA moves forward, the rationale behind these changes and the future handling of OGC interaction data remains unclear. The department is currently planning significant workforce reductions, aiming to return to fiscal 2019 staffing levels, which could further exacerbate the challenges within VBA.
Sauber lamented the potential consequences of diminishing legal support, stating, “In my experience, attorneys have been pivotal in guiding veterans through bureaucratic hurdles to secure their deserved benefits. It’s hard to see how this serves veterans’ interests.”
As of now, VA officials have not responded to requests for comment regarding the implications of these policy changes.
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