Sometimes a veteran’s hardest fight comes after leaving the service, when trying to obtain the benefits that have been earned. 

Navy veteran Chuck Jones, 63, received three Purple Heart medals for his 1965–1971 service in Vietnam. But as far as he is concerned, the toughest battle he ever fought involved getting benefits for his daughter Michelle, born in 1986 with occipital encephalocele (OE), a form of spina bifida.

The Agent Orange Benefits Act, passed by Congress in 1996, authorized benefits for children born with “all forms and manifestations” of spina bifida to any veteran parent who served in Vietnam. Her parents, Chuck and Mary, applied to VA for benefits in January 1998, but were turned down by the VA regional office. “I vowed that if I had to go to Washington, D.C., I would fight for her before the Congress to make sure she was taken care of,” Mr. Jones said. 

He contacted The Veterans Consortium; an organization he knew could assist him.

His volunteer attorney helped him with his appeal, offering the opinions of five neurosurgeons that Michelle’s OE was a form of spina bifida and thus covered under the law; VA’s own chief of public health concurred. Still, the Board of Veterans’ Appeals ignored the medical evidence and rejected the claim, based on a VA General Counsel ruling. 

“Next thing I know, Mike calls,” Mr. Jones said. “He told me they had reviewed Michelle’s case and wanted to take it on. Those guys picked it up and they fought it and fought it and finally after about three to four years, the thing went through.”

Mr. Horan successfully argued that the VA General Counsel had ignored the statutory language that covered all forms of spina bifida. He made the additional, telling point that the Supreme Court previously had ruled that, where doubt exists in interpreting legislation, VA must rule in favor of veterans. 

In 2002, the BVA’s decision was vacated by the U.S. Court of Appeals for Veterans Claims, which sent it back to VA for further consideration. Finally, in 2009, Michelle, now 24, was found to be 100 percent disabled. She is in the Denver VA spina bifida program, with all medical expenses covered by the government. In addition, she will receive benefit checks every month for life. 

“I thought the VA would prolong things until I dropped dead and wouldn’t pursue this anymore,” Mr. Jones said. “I risked my life for the country, and if another vet is out there and has a kid in the same condition, I want them to know that help exists.” In fact, he added, “I pray every day that I hit the lottery, so I can send half of it to The Veterans Consortium for what they did. I know that thanks to them, no matter what, my daughter is taken care of for life.”

• Did you receive a “final” decision from the Board?  Learn more about appealing a case to the U.S. Court of Appeals for Veterans Claims.

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