Following years of advocacy by veterans’ groups, a new law aims to provide increased relief to veterans and their families. The “Dole Act,” officially named the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act, was signed into law on Jan. 2.

The goal of the Dole Act is to enhance access to vital mental health programs, while honoring veterans’ choices for community care, according the Elizabeth Dole Foundation, which worked with a coalition of organizations advancing the bi-partisan package of legislation “that will have life-changing outcomes for those who served and their families, survivors, and caregivers,” according to the Foundation.

Steve Schwab, CEO of the Elizabeth Dole Foundation, stated that not only was the bill passed with broad bipartisan support, but that “it is also the most comprehensive package of veterans’ legislation passed by this Congress, containing substantive, wide-reaching benefits and reforms that will be transformative for the broader veterans’ community and will be instrumental in helping our nation’s military and veteran caregivers thrive.”

According to the House Committee on Veterans’ Affairs, among the key provisions within the Act include:

• The VET-TEC Authorization Act (H.R. 1669) which would fully fund the VA VET-TEC educational assistance program to expand high tech career opportunities for veterans and transitioning servicemembers.
• Expanded access to home- and community-based services at every VA medical center, which would allow severely ill and aging veterans the dignity of receiving their care at home rather than in institutions.
• Improvement of the timeliness and quality of care and services delivered to veterans under community care by improving the rate at which community care providers return medical records to the VA.
• Increase of the grant and per-diem rate for veteran homelessness providers who partner with VA and provide rideshares to veterans for medical, housing, and employment appointments.
• Veterans Education Assistance and Improvement Act (H.R. 3874), which would cut through red tape for the GI Bill and allow student veterans to use their benefits that best meet their needs.
• Modernization of the Uniformed Services Employment and Re-employment Rights Act (USERRA) protections and increased accountability at the Department of Labor so that deployed National Guard and Reservists have the proper employment protections in place back when they return home. This also includes reimbursing fees for successful claims (including attorney fees) and including a GAO report on the use of USERRA in the intelligence services.
• Inclusion of the COPE Act (H.R. 3581) which would recognize the mental strain often experienced by caregivers of certain veterans by providing community mental health grants.
• Ability for survivors of certain veterans who choose to die at home or while in receipt of VA hospice care, to receive a certain burial and funeral allowance.
• VA grants to state and Indian Tribes to support county Veteran Service Organizations (VSOs) and tribal VSOs to provide improved outreach and assistance to underserved, rural, and Native American veterans regarding VA benefits.
• Updated IT systems and processes to ensure that disability examination reports completed by contracted disability examiners are standardized and machine-readable to improve efficiency.
• Requirement of all new VA employees to receive training on reporting wrongdoing and cooperating with the VA Inspector General.
• Requirement for the VA to conduct surveys at each of their facilities on security weaknesses and the status of their police forces.

Further, the Act will also support surviving families with expanded education benefits and remove barriers for surviving spouses, in addition to combating veteran homelessness through increased funding for housing, transportation, and caregiver support.

Attorney Fees

Notably, for veterans with USERRA claims or actions before the Merit Systems Protection Board (Board), the section of the Dole Act regarding employment and training improvements includes a new provision that now allows for reimbursement of fees for successful claims (including attorney fees).

The Act also states that in cases before the MSPB, the Board “may, in its discretion, award reasonable attorney fees in a case settled before the issuance of an order if the person can demonstrate that significant attorney fees were incurred, and that justice requires such an award.”

The same goes for state and private employers under the Act, stating that “the court shall award any such person who prevails in such action or proceeding reasonable attorney fees.”

With the Dole Act now signed into law, veterans and their families may see some much-needed relief and assistance.

If you have additional questions about the Dole Act or USERRA, our Tully Rinckey team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation or schedule a consultation online.