Duties
Responsibilities
Authority
The VFW National Veterans Service Program
(NVS) is supervised by the National Veterans
Service Advisory Committee which performs its
duties under the supervision of the National
Council of Administration.
The VFW National Service Officer is appointed
by the Commander-in-Chief. He and his staff in
Washington DC work under the immediate
supervision of the Assistant Adjutant General,
Washington DC Executive Director.
The VFW
Post Service Officer
The National Veterans Service Advisory
Committee establishes the NVS Policies and
Procedures Manual which dictates the rules
under which all Department Service Offices
must operate in order to maintain VFW
staff accreditation with the US Department
of Veterans Affairs to include training
requirements, basic office procedures and
reporting.
The Department Service Officer is an appointee of the
State Commander and must work under the National
Veterans Service Policy and Procedure Manual as
adopted by the National Council of Administration and
under the direction of the National Service Officer.
The Department of Illinois Service Officer works under
the immediate oversight of the Department Veterans
Service Committee which draws its authority from the
Department Bylaws and the Department Council of
Administration.
A District Service Officer is appointed by the District
Commander as a District Officer. His duties are
defined by national VFW Manual of Procedure
Section 418 (a)(14).
“The District Service Officer shall assist Post Service
Officers.”
While the District Service Officer may assist
claimants it is his primary duty to assist the Post
Service Officers of his District and to foster them in
the performance of their duties.
The Post Service Officer must be a
VFW Post member in good standing
Is an Officer of the Post, appointed by
the Post Commander
Unless restricted by Post Bylaws may
also serve the Post in other elected or
appointed positions
The duties & responsibilities
of the Post Service Officer
are generally defined in the
VFW Manual of Procedure
Section 218 (a) (12)
1.Shall assist members of the Post, their widows
and orphans
2. Shall assist other worthy cases brought to
their attention
3. Shall perform their duties in accordance with
the instructions contained in the VFW Guide for
Service Officers
4. Shall perform their duties under the general
supervision of the Department Service Officer
The VFW Guide for Post Service Officers further
provides that the Post Service Officer:
1. Should have access to the latest copy of the VFW
Guide for Post Service Officers
2. Must route claims and supporting evidence and
all inquires to the Department Service Officer
3. Should have an adequate supply of current VA
Forms (either by hard copy or VA website)
4. Should keep members informed of veteran’s
entitlements and benefits offered and
administrated by local, state and federal agencies
5.Is not allowed to request or accept
remuneration for their services
6.Shall not refuse to assist any claimant unless
it is clear that the claim is fraudulent in
which case the Department Service Officer
will be the final authority as to whether the
VFW will provide representation
7.Shall not refuse to assist any claimant
because they do not feel the claimant is
eligible for the benefit sought
8. Shall forward without delay all applications
to the Department Service Officer (we
encourage Post Service Officers to utilize local
professional contacts such as IDVA or VAC
offices for claim development assistance)
9.Shall not keep original documents provided
to them but are to transmit such documents
to the Department Service Officer (may
maintain records of claims prepared and
submitted to the DSO)
Note: Public Law 93-579 restricts the
release of confidential information to parties
other than the claimant. An accredited
representative of a Veterans Service
Organization may only release information
necessary for development of a specific claim
to a local Post Service Officer, if authorized
by the claimant in writing by either letter or
form created for that purpose.
10. Shall not make direct contact with any
office or representative of the Department
of Veterans Affairs concerning a pending
benefit claim or as a request for personal
information regarding a claimant except in
the case of an emergent ill veteran to a VA
Medical Center in which case the
Department Service Officer will be
informed when time permits
11. Must attend all training conducted
within the Department in service work by
the Department Service Officer,
especially the annual Department Post
Service Officer School and any service
officer training conducted at District
meetings or by the District Service
Officer
Any VFW member may offer their assistance
to a potential claimant. However only an
appointed Post Service Officer may present
themselves as such to either a claimant or
government department or agency.
Any VFW member offering their assistance to a
claimant must accept the responsibility to act
under the same rules as an appointed Post
Service Officer.
In 2011 a VFW Post Service Officer in Maine filed a
complaint to the VA District Counsel through his
Department Service Officer that a private attorney
properly accredited by the VA was acting unethically
in filing claims for residents of a nursing home at
which the Post SO volunteered. The attorney filed a
counter complaint that the Post SO as a volunteer
violated VA regulations by “advising and assisting”
residents of the nursing home on VA benefit claims in
as much as he was not “accredited” by the VA and the
National VFW directive that Post SOs work under the
“general supervision” of the Department Service
Officer did not offer adequate control of qualifications
and conduct.
The VA General
Counsel agreed
with the attorney!
In an agreement reached between the VA
General Counsel and the VSOs in July 2011 Post
Service Officers may not “advise” potential
clients on VA benefits. Post Service Officers may
assist clients in completing VA forms by acting
solely as “recorders” of information. They may
not “advise” on the legal criteria for eligibility
for benefits but may inform and provide
information on that criteria such as printed
material for use and interpretation by the client.
The VFW NVS Policy and Procedure Manual
was amended by the NVS Advisory Committee
and the National Council of Administration at
the National Convention in August 2011. As it
relates to the Post Service Officer the Manual
now states in paragraph 7 D:
“When acting as a recorder, the PSO is simply
transcribing information provided by the
claimant. At no time should the PSO make
suggestions on how to frame information to
make it appear more favorable or less harmful
to the claimant.”
Paragraph 7 E:
“Under no circumstances should a PSO counsel
a claimant on their individual claim. While a
PSO provides information concerning various
government benefit programs, he/she should
not offer any guidance or opinion as to the
individual claim itself. General statements
about the types of evidence necessary to
support a claim can be described; however, a
PSO must not discuss the nature or merits of
any particular claim.”
What do we expect from a Post Service Officer?
We expect that he has a desire to assist his fellow
veterans without prejudice.
We expect that he will establish a working
relationship with other key Post and Auxiliary
officers.
Post Hospital Chairman
Post Chaplain
Post Military Assistance Service Chairman
We expect that he will establish a working
relationship with key community service
providers and agencies:
Churches
Shelters
Funeral Directors
State & County Social Workers
Hospital Social Workers
We expect that he will establish a working
relationship with key members of the veteran
service network in his area:
County Veterans Assistant Commission
Illinois Department of Veterans Affairs
Other Veterans Service Organizations
We expect that he will attend the annual
Department Service Office Conference at
which he will receive instruction on changes
in VA regulations on benefit eligibility and
guidance on VA claim policies and
procedures.
We expect that he will become familiar with
basic eligibility requirements for VA benefits
to include:
Medical Care
Disability Compensation
Disability Pension
Survivor DIC and Pension
Education Benefits
Burial Benefits
We expect that he will acquaint himself with
basic VA forms required to apply for VA benefits
and the procedures for filing claims.
We do not expect and do not normally train Post
Service Officers to prepare claims.
Although Post Service Officers may prepare
claims for submission to the Department Service
Office within their level of expertise we
encourage them to establish a good working
relationship with the local professionals in their
area such as IDVA and VAC offices.
Standard VA Forms for Post Service Officers:
21-22
Appointment of Accredited Representative
21-526 Application for Compensation or Pension
21-526b Application to Reopen Compensation
21-526EZ Fully Developed Compensation Claim
21-527 Application to Reopen Pension
21-534 Application for DIC or Death Pension
21-4138 Statement in Support of Claim
21-4142 Authorization to Release Information
21-8940 Application for Individual Unemployability
20-572 Change of Address
10-10EZ Application for Medical Benefits
Post Service Officers are not insured against
improper or inadequate advice subjecting
themselves to personal liability if they give
improper advice regarding benefit eligibility.
Know your Department Service Office contact
information.
Know your local assistance resources for
referrals.
Be prepared to provide assistance of all kinds.
Accreditation:
The US Department of Veterans Affairs
accredits persons to represent claimants in the
presentation of claims. Persons affiliated with
(employed by) Veterans Service Organizations
must be certified (verification of training) to the
VA General Counsel by that VSO for
accreditation to be granted.
The VFW does not “certify” that any
member or any other person involved in
assisting veterans has been trained or is
authorized to provide services to veterans
under the authority or supervision of the
VFW except as is required to “certify” that a
qualified person has been properly trained
for the purposes of VA accreditation.
It is the policy of the VFW NVS that only full time
employees of the Department VFW Service Office
who are endorsed by the State Commander will be
certified by NVS for accreditation by the US
Department of Veterans Affairs.
The only exception to this policy are full time
employees of local or state entities who provide
services to veterans and are certified by the
Department Service Officer that they have received
proper annual training to maintain accreditation.
Representatives accredited by the VA
under the VFW sponsorship are
insured for errors and omissions by the
national VFW.
Your Questions!