Two Lawyers Challenge VA's Decisions Regarding VA-Approved Fiduciaries

Across the country, disabled veterans' families are waging bitter battles with the U.S. Department of  Veterans Affairs,  trying to remove VA-appointed fiduciaries from their lives and their bank accounts.

Two activist attorneys, Doug Rosinski of Columbia, S.C., and Katrina Eagle of San Diego, have taken on the VA in cases involving allegations of bureaucratic mistreatment. Both said regional program managers sometimes overlook the misdeeds of paid fiduciaries while coming down hard on veterans' relatives who do the work for nothing.

The agency's policy is that family members get priority in fiduciary appointments, but it does not always work that way. And while many family members serve successfully — and thanklessly — as fiduciaries for disabled veterans, some get into trouble, often because of a lack of training or knowledge of the rules. In those cases, the family's situation often becomes nightmarish.

Joe Boatman of Round Rock, Texas, also never got an explanation why James Andrews, a fiduciary program official based in Waco, showed up at his house last July to berate his wife for the way she had handled their finances as her husband's appointed fiduciary for 10 years, bringing her to tears.

Andrews' follow-up report cited overdraft charges and questioned Boatman's access to the bank accounts. He also said “no questionable expenditures or misuse of funds were identified,” though he added there was no way to tell because his funds were commingled with his wife's. His report described Boatman as an “alert” and cogent man.

Eagle said the VA had previously allowed Boatman's wife, a retired social worker, to commingle their money. In previous reports she was praised for her handling of their finances.

Andrews, who could not be reached for comment, had already appointed a new fiduciary to take over Boatman's financial affairs. Eagle said his criticisms seemed “pre-ordained” to justify his actions.

After Eagle got involved, the VA backed away, taking the unusual step of releasing Boatman from the program. Eagle said it helped that his case was mentioned at a February congressional hearing.

The VA also ordered an investigation of the case. It has not responded to a Hearst request for the report.

Full Article and Source:
Two Lawyers Challenge VA's Decisions

See Also:
NASGA:  Veterans in Peril