written statement sworn to or affirmed before an officer authorized to administer an oath or affirmation, usually a NOTARY PUBLIC. It differs from a DEPOSITION in that the affidavit is made voluntarily, whereas a deposition may be made voluntarily or involuntarily (as when an indi- vidual has been served with a SUBPOENA). The affidavit names the place of execution and certifies that the person making the affidavit states particular facts and that he appeared before the officer on a certain date and swore to and signed the statement. A common verification is called an affidavit of service. The person swears or affirms that the attached legal document has been served (delivered) personally or by mail to the persons listed in the affidavit on a certain date. The affidavit of service verifies to the court that the document has, in fact, been sent to all parties who should receive it. Though this type of verification is a routine matter, it is essential to fairness and the DUE PROCESS OF LAW. The need for verification is illustrated in CRIMINAL LAW. Law enforcement officers and others use affidavits to provide information to a magistrate to establish PROBABLE CAUSE for the issuance of an ARREST WARRANT or a SEARCH WARRANT . The officer making the affidavit must set forth sufficient facts to satisfy the magistrate that an offense has been committed and that the person accused is the guilty party. If the officer falsely swears to the truthfulness of the affidavit’s contents, a court may dismiss the charges. The officer, like anyone else who falsely verifies the truthfulness of a statement, may be charged with the crime of PERJURY. The RULES OF EVIDENCE recognize the legiti- macy of a verified copy, which is a copy of a document that is shown by independent evidence to be true. A verified copy will be allowed into evidence if successive witnesses trace the original into the hands of a witness who made or compared the copy. VERSUS [Latin, Against.] A designation used in the caption of a lawsuit to indicate the opposite positions taken by the parties. In the title of a lawsuit, the plaintiff’s name appears first; the word versus follows; then the defendant’s name appears, as in “A versus B. ” Versus is commonly abbreviated vs. or v. VERTICAL MERGER A merger between two business firms that have a buyer-seller relationship. Business mergers can take two forms: horizontal and vertical. In a horizontal merger, one firm acquires another firm that produces and sells an identical or similar product in the same geographic area. This type of merger eliminates competition between the two firms. In a vertica l merger, one firm acquires either a customer or a supplier. Because horizontal mergers pose a direct threat to competition, they have been regulated more aggressively by the federal government than vertical mergers. Nevertheless, vertical mergers may, in some circumstances, be anticompetitive and violate federal ANTITRUST LAWS. Firms vertically integrate for many reasons. Some of the most common are to reduce uncertainty over the availability or quality of supplies or the demand for output, to take advantage of available economies of INTEGRA- TION , to protect against monopolist ic practices of either suppliers or buyers with which the firm must otherwise deal, and to reduce transactions costs such as sales taxes and marketing expenses. Through a vertical merger, the acquiring firm may lower its cost of production and distribution and make more productive use of its resources. Vertical mergers are subjec t to the provi- sions of the CLAYTON ACT (15 U.S.C.A. § 12 et seq.) governing transactions that come within the ambit of antitrust acts. Vertical integration by merger does not reduce the total number of economic entities operating at one level of the market, but it may change patterns of industry behavior. Suppliers may lose a market for their goods, retail outlets may be deprived of supplies, and competitors may find that both supplies and outlets are blocked. Vertical mergers may also be anticompetitive because their entrenched market power may discourage new businesses from entering the market. The U.S. Supreme Court has decided only three vertical merger cases under section 7 of the Clayton Act since 1950. In the first case, United States v. E. I. du Pont de Nemours & Co., 353 U.S. 586, 77 S. Ct. 872, 1 L. Ed. 2d 1057 (1957), the Court upset the general assumption that section 7 did not apply to vertical mergers. After finding that du Pont ’s acquisition of 23 percent of Genera l Motors (GM) stock GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 218 VERSUS foreclosed sales to GM by other suppliers of automotive paints and fabric, the Court held that the vertical merger had an illegal anticom- petitive effect. The next vertical merger case to come before the Court, Brown Shoe Co. v. United States, 370 U.S. 294, 82 S. Ct. 1502, 8 L. Ed. 2d 510 (1962), remains the leading decision in this area of ANTITRUST LAW. The Court stated that the “primary vice of a vertical merger” is the foreclosure of competitors, which acts as a “clog on competition” and “deprive[s] rivals of a fair opportunity to compete.” The Court noted that market share would be an important, but seldom decisive consideration. The Court identified other “economic and historical fac- tors” that would determine the legality of the merger. The first and “most important such factor” was the nature and purpose of the arrangement. Another was the trend toward concentration in the industry. In the only other vertical merger case decided by the Supreme Court, Ford Motor Co. v. United States, 405 U.S. 562, 92 S. Ct. 1142, 31 L. Ed. 2d 492 (1972), the Court condemned Ford’s attempted acquisition of Autolite, a spark plug manufacturer, and emphasized the height- ened barriers that the merger would pose to other companies that attempted to enter the market. The Court also emphasized that Ford’s argument that the acquisition had made Autolite a more effective competitor was irrelevant. CROSS REFERENCES Mergers and Acquisitions; Monopoly; Restraint of Trade; Unfair Competition. VEST To give an immediate, fixed right of present or future enjoyment. Vesting in General The term vest is significant in the law, because it means that a person has an absolute right to some present or FUTURE INTEREST in something of value. When a right has vested, the person is legally entitled to what has been promised and may seek relief in court if the benefit is not given. Vesting in Property Law In U.S. PROPERTY LAW a vested remainder is a future interest held by an identifiable person (the remainderman), which, upon the happen- ing of a certain event, will become the remain- derman’s. When property is given to one person for life and, at the person’s death, the property is to go to another living perso n, this second person has a vested remainder in the property. Vesting in Inheritance Law A vested legacy is an inheritance given in such terms that there is a fixed, irrevocable right to its payment. For example, a legacy contained in a will that states that the inheritance shall not occur until the person reaches the age of twenty-one is a vested legacy, because it is given unconditionally and absolutely and therefore vests an immediate interest in the person receiving the legacy. Only the enjoyment of the legacy is deferred or postponed. Vesting in Employment Law In EMPLOYMENT LAW, the term vesting refers to the right that an employee acquires to various employer-contributed benefits, such as a pen- sion, after having been employed for a requisite number of years. The federal EMPLOYEE RETIRE- MENT INCOME SECURITY ACT (ERISA) of 1974 (29 U.S.C.A. § 1001 et seq.) governs the funding, vesting, administration, and termination of employee benefit plans. ERISA was enacted as a result of congressional dissatisfaction with private pension plans. Under some plans, an employee’s pension benefits did not vest before retirement or vested only after such a long period of time (as long as 30 years) that few employees ever became entitled to them. ERISA ensures that all pension benefits will vest within a reasonable time. Once pension benefits are vested, an employee has the right to them even if the employment relationship terminates before the employee retires. Vesting in Constitutional Law In CONSTITUTIONAL LAW, vested rights are those that are so completely and definitely settled in a person that they are not subject to defeat or cancellation by the act of any other private person. Once a person can prove to a court the validity of the vested rights, the court will recognize and protect these rights so as to prevent injustice. CROSS REFERENCES Future Interest; Remainder. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION VEST 219 VETERANS AFFAIRS DEPARTMENT The Department of Veterans Affairs (VA) operates programs to benefit veterans and members of their families. Benefits include compensation payments for disabilities or death related to military service, pensions, education, and rehabilitation. The VA also guarantees home loans, provides for burial services for veterans, and operates a medical care program that includes nursing homes, clinics, and medical centers. Located in Washington, D.C., the VA had 278,000 employees in 2009, a workforce second in size only to the DEPARTMENT OF DEFENSE . The department’s projected budget for FY 2009 was $93.4 billion. The Department of Veterans Affairs was established in 1989 as an executive department by the Department of Veterans Affairs Act (38 U.S.C.A. § 201 note). Its establishment came after more than 24 years of effort by members of Congress to elevate the department’s prede- cessor, the Veterans Administration, to cabinet status. Proponents arg ued that promotion to cabinet level would increase the political accountability of the VA and improve the quality of its services. The Veterans Administra- tion had been established as an independent agency by presidential Executive Order No. 5398 of July 21, 1930, in accordance with the act of July 3, 1930 (46 Stat. 1016). This act Department of Veterans Affairs Center for Minority Veterans Chief of Staff Office of the Secretary Board of Veterans' Appeals Acquisition, Logistics and Construction Office of Small and Disadvantaged Business Utilization General Counsel Office of Employment Discrimination Complaint Adjudication Center for Women Veterans Federal Recovery Coordination Office Advisory Committee Management Office Center for Faith-Based and Neighborhood Partnerships NGO Gateway Initiative Office Office of Survivors Assistance Veterans Service Organization Liaison Inspector General Veterans Benefits Administration Veterans Health Administration National Cemetery Administration Assistant Secretary for Management Assistant Secretary for Information and Technology Assistant Secretary for Policy and Planning Assistant Secretary for Operations, Security and Preparedness Assistant Secretary for Human Resources and Administration Assistant Secretary for Public and Intergovernmental Affairs Assistant Secretary for Congressional and Legislative Affairs Secretary Deputy Secretary ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 220 VETERANS AFFAIRS DEPARTMENT authorized the president to consolidate and coordinate the U.S. Veterans Bureau, the Bureau of Pensions, and the National Home for Volunteer Soldiers. The Department of Veterans Affairs consists of three organizations that administer veterans’ programs: the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery System. Each organization has field facilities and a central office. Each central office also includes separate offices that provide support to the organization’s operations as well as to VA executives. Central office managers, including the inspector general and general counsel, report to the highest level of department management, which consists of the secretary of veterans affairs and the deputy secretary. Board of Veterans’ Appeals The Board of Veterans’ Appeals (BVA) is respon- sible, on behalf of the secretary of veterans affairs, for entering the final appellate decisions in claims of entitlement to veterans’ benefits. The board is also responsible for deciding matters concerning fees charged by attorneys and agents for representation of veterans before the VA. The mission of the board (contained in 38 U.S.C.A. §§ 7101–7109) is to conduct hearings, consider and dispose of appeals properly before the board in a timely manner, and issue quality decisions in compliance with the law. The board is headed by a chairperson who is appointed by the president and confirmed by the SENATE. The chairperson is directly responsible to the secretary of veterans affairs. Members of the board are appointed by the secretary with the approval of the president and are under the administrative control and supervision of the chairperson. Each BVA decision is signed by a board member acting as an agent of the secretary. Final BVA decisions can be appealed to the U.S. COURT OF APPEALS FOR VETERANS CLAIMS . Board of Contract Appeals The Board of Contract Appeals was established on March 1, 1979, pursuant to the Contract Disputes Act of 1978 (41 U.S.C.A. §§ 601–613). The board is a statutory, QUASI-JUDICIAL tribunal that hears and decides appeals from decisions of contracting officers on claims relating to con- tracts awarded by the VA or by any other agency when such agency or the administrator for federal procurement policy has designated the board to decide the appeal. In August 1985, the board’s jurisdiction was expanded to include applications for atto rneys’ fees and expenses under the Equal Access to Justice Act, as amended (5 U.S.C.A. § 504 note). Board decisions are final within the VA but may be appealed, either by the government or by the contractor, to the U.S. Court of Appeals for the Federal Circuit. Additionally, the chairperson of the board, who is the senior official within the department, is responsible for promoting ALTERNATIVE DISPUTE RESOLUTION pursuant to the Administrative Dispute Resolution Act (5 U.S.C.A. § 581 note). Finally, the board is charged with resolving disputes between drug manufacturers and the secretary with regard to provisions of the Veterans Health Care Act of 1992 (38 U.S.C.A. § 101 note) concerning pharmaceutical pricing agreements. Health Services The Veterans Health Administration (formerly the Veterans Health Services and Research Administration) provides hospital, nursing home, and domiciliary care and outpatient medical and dental care to eligible veterans of military service in the armed forces. In 2009 the VA operated 153 medical centers (at least one in each of the 48 contiguous states, Puerto Rico, and the District of Columbia), more than 909 Civilian Veteran Population, by Period of Service, in 2007 a 6.1 2.9 7.9 3.0 5.0 0 123456789 Peacetime Veterans World War II Korean Conflict Vietnam Era Gulf War Number of veterans (in millions) a Individuals may be included in more than one period of service. SOURCE: U.S. Department of Veterans Affairs, National Center for Veterans Analysis and Statistics, “VetPop2007,” available online at http://www1.va.gov/ vetdata/ p a g e.cfm? pg =15 (accessed on Au g ust 7, 2009). ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PER- MISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION VETERANS AFFAIRS DEPARTMENT 221 ambulatory care and community-based outpa- tient clinics, 135 nursing homes, and 108 comprehensive home-care programs, and pro- vided health care to more than 5.5 million people. The administration also provides for similar care under VA auspices in non-VA hospitals and community nursing homes and for visits by veterans to non-VA physicians and dentists for outpatient treatment. Under the Civilian Health and Medical Program, depen- dents of certain veterans are provided with medical care supplied by non-VA institutions and physicians. The VA medical system serves as a backup to the Department of Defense during national emergencies and as a federal support organization in times of major disaster. The administration conducts both individ- ual medical and healthcare delivery research projects and multi-hospital research programs. It assists in the education of physicians and dentists and in the training of many other healthcare professionals through affiliations with educational institutions and organizations. These programs are all conducted as prescrib ed by the secretary of veterans affairs pursuant to 38 U.S.C.A. §§ 4101– 4115 and other statutory authority and regulations. Veterans Benefits The Veterans Benefits Administratio n (VBA), formerly the Department of Veterans Benefits, conducts an integrated program of veterans’ benefits. It provides information, advice, and assistance to veterans, their dependents, bene- ficiaries, and representatives, and others applying for VA benefits. It also cooperates with the DEPARTMENT OF LABOR and other federal, state, and local agencies in developing employment oppor- tunities for veterans and referrals for assistance in resolving socioeconomic, housing, and other related problems. In addition, the VBA provides information regarding veterans’ benefits to vari- ous branches of the armed forces. Programs are provided through VA regional offices, medical centers, visits to communities, and a special toll-free telephone service. The programs are available in all 50 states, the District of Columbia, and Puerto Rico. Compensation and Pension The Compensation and Pension Service has responsibility for claims for disability compen- sation and pensions, automobile allowances and special adaptive equipment, claims for specially adapted housing, special clothing allowances, emergency officers’ retirement pay, and eligibil- ity determinations based on military service for other VA benefits and services or those of other government agencies. The service also processes survivors’ clai ms for death compen- sation, dependency, and INDEMNITY compensa- tion, death pensions, burial and plot allowance claims, claims for accrued benefits, claims for adjusted compensation in death cases, and claims for reimbursement for headstones or markers. In 2008, the VA paid out $38.9 billion in benefits to 3.7 million people. Education The Education Service has responsibility for the Montgomery GI Bill—Active Duty and Selected Reserve, the Post-Vietnam Era Veterans’ Edu- cational Assistance Program, the Survivors’ and Dependents’ Educational Assistance Program, and school approvals, compliance surveys, and work study. Vocational Rehabilitation The Vocational Rehabilitation Service has responsibility for providing outreach, motiva- tion, evaluation, counse ling, training, employ- ment, and other rehabilitation services to disabled veterans. The service also provides evaluation, counseling, and miscellaneous ser- vices to veterans and service persons and other VA education program s, as well as to sons, daughters, and spouses of totally and perma- nently disabled veterans and to surviving orphans, widows, or widowers of certain deceased veterans. Rehabilitation services are provided to certain disabled dependents. Loan Guaranty The department has played a major part in the financing of homes since the end of WORLD WAR II . Loan-guaranty operations include appraising properties to establish their value, supervising the construction of new residential properties, establishing the eligibility of veterans for the program, assessing the ability of a veteran to repay a loan and the associated credit risk, servicing and liquidating defaulted loans, and disposing of REAL ESTATE acquired as the consequence of defaulted loans. Insurance Life insurance operations are conducted for the benefit of service members and veterans and GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 222 VETERANS AFFAIRS DEPARTMENT their beneficiaries. The day-to-day processing of all matters related to individual insurance accounts is handled by a regional office and insurance centers in Philadelphia, Pennsylvania, and St. Paul, Minnesota. These two centers provide the full range of functional activities necessary for a national life insurance program. Activities include the complete maintenance of individual accounts, underwriting functions, and life and death insurance claims award s, as well as other insurance-related transactions. The agency is also respon sible for the administration of the Veterans Mortgage Life Insurance Program for those disabled veterans who receive a VA grant for specially adapted housing. In addition, the agency is responsible for supervising the Servicemen’s Group Life Insurance (SGLI) and Veterans Group Life Insurance (VGLI) Programs. Veterans Assistance The Veterans Assistance Service provides infor- mation, advice, and assistance to veterans, their dependents, beneficiaries, representatives, and others applying for benefits administered by the Department of Veterans Affairs. In addition, the Veterans Assistance Service cooperates with the Department of Labor and other federal, state, and local agencies in developing employ- ment opportunities for veterans and referrals for assistance in resolving socioeconomic, hous- ing, and other related problems. The service is responsible for maintaining a benefits-protection program ( FIDUCIARY activities) for minors and incompetent adult beneficiaries. It also pro- vides field investigative services for other VA components. The service ensures that schools and train- ing institutions comply with VA directives. It also ensures compliance with Title VI of the CIVIL RIGHTS Act of 1964 (42 U.S.C.A. § 2000d), Title IX of the Education Amendments of 1972 (20 U.S.C.A. § 1681), section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794), and the AGE DISCRIMINATION Act of 1975, as amended (42 U.S.C.A. § 6101). The service’s programs are provided through VA regional offices, VA medical centers, itinerant visits to communities, and a special toll-free telephone service available in all 50 states, the District of Columbia, and Puerto Rico. The Veterans Assistance Service also sup- plies information on veterans’ benefits to the various branch es of the armed forces in the United States and abroad and to veterans residing in foreign countries through U.S. embassies and consular offices. Additionally, the service co ordinates veterans’ activities with foreign governments. National Cemetery System The National Cemetery System (NCS) provides services to veterans, active duty personnel, reservists, and NATIONAL GUARD members with 20 years’ qualifying service and their families by operating national cemeteries and furnishing headstones and markers for graves. The NCS provides presidential me morial certificates to the loved ones of honorably discharged, deceased s ervice members, and veterans. The NCS also awards gra nts to aid s tates in developing, improving, and expanding ve tera ns’ cemeteries. The National Cemetery area offices (located in Atlanta, Georgia; Philadelphia, Pennsylvania; and Denver, Colorado) provide direct support to the 114 national cemeteries located through- out the United States and Puerto Rico. FURTHER READINGS U.S. Department of Veterans Affairs. Available online at www.va.gov (accessed June 13, 2009). ——— . 2008. Federal Benefits for Veterans and Dependents. Washington, D.C.: Department of Veterans Affairs. U.S. Government Manual Website. Available online at www. gpoaccess.gov/gmanual (accessed June 13, 2009). CROSS REFERENCES GI Bill; U.S. Court of Appeals for Veterans Claims; Veterans’ Rights. VETERANS OF FOREIGN WARS The Veterans of Foreign Wars (VFW) is a U.S. organization composed of men who have served overseas in the military during WORLD WAR I, WORLD WAR II, the KOREAN WAR, the VIETNAM WAR, the Persian Gulf War, and the Iraq War. Veterans who served in expeditionary cam- paigns such as Grenada and Panama are also eligible to join. Female relatives of veterans and women who have served overseas in the armed forces are eligible to join the Ladies Auxiliary. In 2009 the VFW, with its Ladies Auxiliary, had about 2.2 million members in approximately 8,100 posts worldwide. The organization’s national headquarters are located in Kansas City, Missouri, but it also has a large office in Washington, D.C. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION VETERANS OF FOREIGN WARS 223 The VFW was established in 1913, consoli- dating three organizations created by SPANISH- AMERICAN WAR veterans. From its inception, the VFW has sought to promote patriotism and national security. Its paramount mission, how- ever, has been ensuring that needy and disabled veterans receive aid. Beginning in 1922, it has sold a paper flower called the Buddy Poppy, to raise funds for national service programs and relief for needy veterans and their families. The VFW fought for military pensions after WORLD WAR I , planned the establishment of the Veterans Administration (VA) in 1930, lobbied for the GI BILL OF RIGHTS after WORLD WAR II, and helped develop the national cemetery system for veterans. The VFW has also contributed millions of dollars to cancer research since the 1950s. The VFW National Legislative Service office in Washington, D.C., monitors legislation that affects veterans. It alerts the membership to key legislation and lobbies Congress and the EXECU- TIVE BRANCH on veterans’ issues. The office often assists congressional staffs in preparing legisla- tion. During the first decade of the 2000s, the VFW legislative goals included a VA budget with sufficient funds to provide adequate veterans HEALTH CARE, vocational training and retraining for veterans, and emplo yment oppor- tunities for veterans. The VFW has almost 16,000 trained service officers to assist veterans and their dependents in gaining federal or state entitlements. These service officers help with military discharge upgrades, records correction, education bene- fits, disability compensation, PENSION eligibility, and other types of veterans’ issues. Field representatives conduct regular inspections of VA health care facilities, regional VA offices, and national CEMETERIES. Historically, the VFW has promoted patri- otism through its Americanism Program. It provides materials and information and spon- sors events and activities that are designed to stimulate interest in U.S. history, traditions, and institutions. The Voice of Democracy program is a national essay competition that annually provides more than $2.5 million in college scholarships and incentives. The VFW has also continued to fight for health care and education benefits for veterans. In 2008 the VFW advocated for the passage of the Post-9/11 Veterans Education Assistance Act of 2008 (Pub. L. No. 110-252), which extended educational benefits to those veterans who have served on active duty since September 11, 2001. Throughout the early 2000s, the VFW has been active in efforts to ensure that veterans have adequate health care, including calls for President BARACK OBAMA to ensure that his health care reform proposals do not eliminate any of the veterans benefits. FURTHER READINGS Mason, Herman Molloy. 1999. VFW: Our First Century. Lenexa, Kans.: Addax. Roche, John D. 2002. Veteran’s Survival Guide: How to File & Collect on VA Claims. Dulles, Va.: Brasseys. Veterans of Foreign Wars. Available online at www.vfw.org (accessed August 19, 2009). CROSS REFERENCES September 11th Attacks; U.S. Court of Appeals for Veterans Claims; Veterans Affairs Department; Veterans’ Rights. VETERANS’ RIGHTS Veterans’ rights includes the legal rights and benefits extended to those who served on active duty in and have been honorably discharged from one of the U.S. ARMED SERVICES. According to 2007 data from the U.S. Census Bureau, about 23.6 million civilians, which is less than 10 percent of the civilian population, consisted of veterans of the armed forces. This number includes those who served on active duty for the duration of their military careers and those who served on active duty from the NATIONAL GUARD, such as individuals who were called to serve in Iraq and Afghani- stan Wars of the 2000s. Given that such a significant percentage of the population consists of veterans, the United States has extended a number of rights to and provides benefits for these servicemen. States also extend rights and benefits to veterans. The federal agency primarily responsible for administerin g the various programs for veterans is the VETERANS AFFAIRS DEPARTMENT (VA). A veteran’s eligibility for the benefits administered by the VA depends upon a number of factors, such as whether the veteran served during wartime. A veteran must have received an honorable or general discharge in order to qualify for benefits, as a dishonorable or bad conduct discharge ordinarily pre cludes extension of benefits. However, veterans who are incarcerated or on PAROLE may still be eligible for some VA benefits. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 224 VETERANS’ RIGHTS Health Care Veterans are generally required to enroll with the VA in order to be eligible for HEALTH CARE benefits. Some veterans are exempted from the enrollment requirement if they fall within certain categories, such as those who have a disability of 50 percent or more caused by service of duty and those who seek care only for a disability suffered as a result of service. Enrollment of other veterans depends upon the appropriations granted to the VA by Congress. The VA has established a priority list of those who apply to be enrolled in the health care benefits program. Priorities depend largely upon the severity of the disability and the financial need of the veteran. In order to determine whether a veteran is eligible for benefits due to financial need, the VA calculates the annual income and NET WORTH of the veteran and then compares this amount with the means test, a financial threshold calculated on an annual basis. If the veteran’s income and net worth fall below the means test, then the veteran may be eligible for health care benefits. A wide range of health care benefits are available for qualified veterans, including nurs- ing home care, domiciliary care, outpatient pharmacy services, outpatient dental treatment, alcohol and drug-dependence treatment, and funding to make home improvements necessary to accommodate a veteran’s disability. Veterans who are seriously injured in the line of combat and who have suffered a major disability are generally eligible for a variety of additional benefits. By contrast, veterans with disabilities that are not service-connected and veterans whose income and net worth are above the means test qualify for fewer programs and may be required to participate in a co-payment plan in order to qualify for VA assistance. Disability Compensation Veterans who become disabled as a result of injury or disease incurred as a result of active military service may qualify for disability compensation. The amount of this monthly compensation depends upon the severity of the disability and the number of dependents of the veteran. The VA has also adopted rules for disability compensation that apply to veterans who have suffered through certain debilitating circumstances, such as those who have been prisoners of war for more than 30 days; those who were exposed to agent orange, herbicides, or radiation; and those who suffered chronic disabilities as a result of the Gulf War. Veterans who receive disability compensation receive their checks once per month. The VA also provides vocational rehabilita- tion that allows qualifying disabled veterans to prepare for, locate, and maintain employment. In order to qualify for this plan, the disability must have been service-related, and the veteran must not have been dishonorably discharged. Services vary depending on the specific needs of the veteran. Pensions The government may provide monetary sup- port for veterans who became permane ntly and totally disabled and who have low incomes. In order to qualify, the veteran must have served at least 90 days in active military service and must have an income level lower than the standard set forth by the VA. Some veterans are automatically excluded from eligibility, such as those who have been dishonorably discharged from military service and those who suffered disabilities as a result of their own willful misconduct. Education and Vocational Training Congress established a rather complex system to provide educational assistance to veterans. The Veterans’ Educational Assistance Act of 1984 (Pub. L. No. 98-525, 98 Stat. 2553), better known as the Montgomery GI BILL, was enacted to provide a program that allows veterans to adjust to civilian life. Qualifying veterans generally fall within one of several categories, which are based primarily on the time period in which the veteran served in the armed forces. Veterans become ineligible for education assis- tance once ten years has passed from the time of discharge or release from active duty. Congress enacted the Post-9/11 Veterans Educational Assistance Act of 2008 or simply the Post 9/11 GI Bill (Pub. L. 110-252), which gives more generous financial and housin g assistance to veterans. Individuals with at least 90 days of aggregate service on or after SEPTEMBER 11, 2001, or individuals discharged with a service-con- nected disability after 30 days are eligible. They must also have received an honorable discharge to be eligible. Various training possibilities are available for veterans who qualify for educational assistance. The types of training include: (1) college or GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION VETERANS’ RIGHTS 225 university courses that lead to an associate, a bachelor, or a graduate degree; (2) courses that lead to a diploma or certificate from a business, technical, or vocational school; (3) an apprentice- ship or other on-the-job training program; (4) certain correspondence courses; (5) flight training under some circumstances; (6) state-approved certification programs for teachers; (7) courses deemed necessary for a veteran to gain admission to a college or graduate school; and (8) approved licensing and certification tests. Veterans may also qualify for a VA work study program. Veterans who served in the reserve elements of the ARMED SERVICES may be eligible for educational assistance. In order to qualify, the reserve veteran must have agreed to a six-year obligation to serve in the Selected Reserve, in addition to other requirements. The rate of benefits is considerably less for reserve members than for veterans who served in active service. Home Loan Guarantees The VA guarantees certain home loans for veterans, as well as individuals in active service, reservists, and surviving spouses. Under this program, the VA agrees to guarantee part of the total loan, which allows the veteran to obtain a mortgage at a competitive interest rate, some- times without a DOWN PAYMENT. A veteran is allowed to purchase a new home or condomin- ium or purchase a manufactured home or a manufactured home lot. Home loans may also be used to repair or improve an existing home, refinance an existing home loan, or make certain weatherization or energy-efficiency improve- ments. In order to qualify, the veteran must have a good credit rating, must make a sufficient income to pay mortgage payments, and agree to reside on the property. Other qualifications apply as well. Additional Benefits Veterans may be entitled to a number of addi- tional benefits offered by the VA, including life insurance, burial services, and survivor benefits. Veterans are requested to contact a local office of the VA to determine their potential eligibility. A variety of benefits are also provided by agencies other than the VA, including the DEFENSE DEPARTMENT ,theAGRICULTURE DEPARTMENT,the SMALL BUSINESS ADMINISTRATION, and the HOUSING AND URBAN DEVELOPMENT DEPARTMENT . The Uniformed Service Employment and Reemployment Rights Act (USERRA) (38 U.S.C.A §4301) is a federal law that seeks to ensure that person s who serve or have served in the Armed Forces, Reserves, National Guard or other "uniformed services" (1) are not disad- vantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service. The federal government is to be a model employer under USERRA. Appeals A veteran or another claimant is entitled to file an appeal of a decision made by a regional office or medical center of the VA. App eals may be filed for denials of a variety of benefits, including health care benefits, disability com- pensation, pensions, and educational benefits. A veteran who wishes to file an appeal must do so within one year of the VA’s decision. The first body to hear an appeal is the Board of Veterans’ Appeals, which is located in Washington, D.C. If the board refuses to grant benefits to the veteran, he or she may file an appeal with the U.S. COURT OF APPEALS FOR VETERANS CLAIMS. The appeals court does not conduct a new trial, but rather reviews the record of the Board of Veterans’ Appeals. A decision of the Court of Appeals for Veterans Claims may be reviewed by the U.S. Court of Appeals for the Federal Circuit and possibly by the U.S. SUPREME COURT. FURTHER READINGS Department of Veterans Affairs. 2009. Federal Benefits for Veterans and Dependents. Washington, D.C.: Office of Public Affairs. Gaytan, Peter, and Marian Borden Brown. 2008. For Service to Your Country: The Insider’s Guide to Veterans’ Benefits. New York: Citadel. Stichman, Barton F., and Ronald B. Abrams, eds. 2008. Veterans Benefits Manual. Charlottesville,Va.: Lexis Law. VETO The refusal of an executive officer to assent to a bill that has been created and approved by the legislature, thereby depriving the bill of any legally binding effect. Article I, Section 7, of the U.S. Constitution states that “every bill” and “every order, resolution or vote to which the concurrence of the SENATE and the HOUSE OF REPRESENTATIVES may be necessary” must be presented to the presi- dent for approval. If the president disapproves of the legislation and dec lines to sign the bill, he GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 226 VETO issues a veto, returning the bill unsigned to Congress. Similar provisions in state constitu- tions give governors the same veto power, and municipal charters often give the mayor the right to veto legislation from the city council. The veto power gives the executive a central role in the legislative process. By threatening a veto before legislation is passed, the executive can force the legislature to compromise and pass amendments it would otherwise find unacceptable. Though there is great power in the veto, most executives use it cautiously, as overuse can antagonize the legislature and create political risk for the executive. Under the Constitution, the president has ten days (not counting Sundays) in which to consider legislation presented for approval. The president has three options: sign the bill, making it law; veto the bill; or take no action on the bill during the ten-day period. A veto can be overridden by a two-thirds majority of both houses of Congress. If the president takes no action, the bill automati- cally becomes law after ten days. If Congress adjourns before the ten days have expired and the president has not signed the bill, however, the bill is said to have been subjected to a pocket veto. A pocket veto deprives Congress of the chance to override a formal veto. State governors have similar veto and pocket veto powers, and state legislatures usually are required to override vetoes by a two-thirds majority of both houses. According to information compiled by the National Conference of State Legislatures, governors in 43 states have the authority to Congressional Bills Vetoed, 1961 to 2009 Number of bills vetoed Regular vetoes Pocket vetoes Bills passed over veto SOURCE: U.S. House of Representatives, Office of the Clerk Web site, “Presidential Vetoes,” available online at htt p ://clerk.house. g ov/art_histor y /house_histor y /vetoes.html (accessed on Au g ust 6, 2009). 0 10 20 30 40 50 60 70 80 Carter 1977–81 13 18 31 2 Reagan 1981–89 9 39 39 15 78 Clinton 1993–2001 2 37 1 38 Bush Jr. 2001–09 3 10 10 Ford 1974–77 12 48 18 66 Kennedy 1961–63 21 12 9 0 Johnson 1963–69 16 14 30 0 Nixon 1969–74 26 17 43 7 Bush Sr. 1989–93 1 44 29 ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PER- MISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION VETO 227 . du Pont ’s acquisition of 23 percent of Genera l Motors (GM) stock GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 218 VERSUS foreclosed sales to GM by other suppliers of automotive paints and. Secretary ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 220 VETERANS AFFAIRS DEPARTMENT authorized. 2009). ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PER- MISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION VETERANS AFFAIRS DEPARTMENT 221 ambulatory