"Stall, Deny and Hope They Die": The VA's Unwritten Policy

Pictured is Denise. She is at Robins Air Force Base. Why? She is picking up her VA spousal ID. The problem? She is picking it up some 20+ years late. You see, Denise’s husband died of Non-Hodgkin's lymphoma (NHL) in July of 1996. As a Vietnam Veteran, her benefits were a done deal? Right. That whole presumptive thing? Just ask Mr. Nehmer. Well, if you are reading this, you probably know that the story isn’t that simple. However, what you probably won’t believe is that it took Denise over 20, yes 20, years, to finally obtain a Judge’s order granting her DIC benefits. I personally know of no other person who has litigated a case that long against the VA—continuously. She has to be a contender for the top 5. Denise calls her case "Stall, Deny and Hope They Die": - The VA's Unwritten Policy, and she wrote a book to tell you all about it!

Living in High Cotton

When I began representing Denise, she had literally been litigating this case for longer than I had been alive. That isn’t a joke nor an exaggeration. So, to say Denise was fed up, felt forgotten, abandoned by the VA—by her own government—that would be quite the understatement. I will never forget the phone call to Denise on March 26, 2024. “We did it, Denise.” It was all I could think to say. At first, I think Denise thought maybe I was talking about something totally different? After 20+ years, was it all finally over? I doubt she believed it until she saw the Judge’s order. Heck, even then, I don’t think it sank in until she saw her first deposit. I know for sure, though, and you can tell by how happy she is, getting that spousal ID card was the cherry on top. Finally. Some recognition. I think Denise was living in high cotton that day. I know I would be.

Take it Easy

After 20+ years of fighting with the VA, you’d think Denise was ready to take it easy. Well, you haven’t been around Denise much. Her passion is advocating for spouses who have been forgotten, wronged, and left to rot by the VA. So, Denise got straight to work. In-between raising a family without a father, working (what choice did she have, the VA wasn’t helping keep the kids fed.), and litigating this case, Denise, somehow, found the time to write her first book about just how torturous the VA can be is. So, after a short breather, Denise got to work on her second book. She was finally able to write her “final chapter.” So, after much typing, editing, reading, Denise was able to publish her second “updated” book: "Stall, Deny and Hope They Die": - The VA's Unwritten Policy.

Denise Says it Best

In her own words:

Every Veteran and their family have a story Congress and America needs to hear. As a Veteran's Widow and Military Mom, my heart has typed the words to our story. My Husband of sixteen years, the father of our three children, died from exposure to Agent Orange in 1996. Following his funeral, I applied for my DIC Spousal Benefits - only to be informed by the VA they were paying my Spousal Benefits to a person who had filed fraudulent documents. I fought the VA's insurmountable paperwork for 28 years and "WON" in 2024! I pray our story will encourage all Americans to live each day remembering...through relentless faith, love and perseverance, your family, just like ours today, will know, "The Impossible Dream" is, indeed, "Possible."

Phew, I bet Denise gives VA bureaucrats night terrors. Where is Denise now? What is she up to? Well, while the Judge granted her DIC, the regional office only back-dated it to 2004. Her husband died in 1996. So, we are missing a few years worth of retroactive payments. So, Denise’s appeal continues to be the longest continuously litigated case that I personally am aware of. Here we are, nearly thirty years later. However, as you can tell, Denise is dedicated. I have no doubt we will get her everything she is due. And, I know she won’t fold in the towel until that happens. Until then, Denise is getting her DIC payment, every month. Had she thrown in the towel, it never would have happened. Denise used to introduce herself as “Hi, my name is VA File Number .” To the VA, that is all Denise ever was. It is all she ever will be. Who cares about the person who gets the denial letters in the mail—what it does to a family?

So, to anyone reading this, I hope this encourages you to stay the course. If Denise can do it, so can you. Never give up until you get the benefits you earned.

Remember, you’re more than a file number.

Godspeed.