Nominations of Lopez, Fleck, Jones, Rendleman, Quinn for BVA Chair & CAVC Judges

Good. I'm gonna be solo at least for a while. Senator Blumenthal is uh is expected to be here, but not uh at the start of the of our hearing. And I will welcome him when he arrives and we have uh other members who told us they will be here, but maybe not on time. But this is not an unimportant hearing, and we're delighted and appreciative of you being here. Uh, we are here to consider the nominations of the Honorable Maria Lopez to be Chair of the Board of Veterans' Appeals and Robert Fleck, David Jones, Daniel Rendleman and James Quinn to be Judges for the United States Court of Appeals for Veterans' Claims. I appreciate all five of these nominees being here today and discuss with them their interest in and qualifications for their roles. The Board of Veterans' Appeals and the Court of Appeals of Veterans' Claims serve as a vital serves a vital purpose. to make certain that the VA is rendering fair and lawful decisions about the benefits that veterans and their families are entitled to, in accordance with actual statutes, regulations, and congressional intent. These institutions provide a critical avenue for the accountability and due process for veterans and their families nationwide. In recent years, the volumes of appeals have increased significantly as more veterans and beneficiaries opt to use this resource to appeal decisions on their disability compensation claims. the GI Bill, survivors and caregiver benefits, and many other items as well. The men and women whose nominations are under consideration this af- this afternoon each have extensive records in public service through serving in the military, the justice system, executive branch, and in the halls of the United States Senate. I look forward to learning more about how these nominees plan to continue their service in these roles and if confirmed what they plan to do, to achieve on, what they plan to achieve on behalf of veterans and their families. I've long emphasized the importance of transparency in the appeals process, as well as the need to avoid unnecessary delays or burdensome steps that do not help advance a veteran's, caregiver's, or family member's cause. I look forward to hearing from the nominees this afternoon about how, if confirmed, they plan to improve the appeals process on each of those fronts and how they would make certain that veterans and their loved ones are equipped, uh, a thorough understanding of the status of their appeals and what they can expect as the appeal moves forward. Uh, thank you again to your to you all for being here. And your willingness to serve if confirmed. Um. Uh, we'll take uh, Senator Blumenthal's uh, ranking member Blumenthal's uh, opening statement in when he arrives. And um. Let me see what the latest development is. OK. Um, we are gonna start with um miss lopez oh here here he is we're actually start with uh doctor cassidy who is going to introduce

you're gonna um praise them

as soon as uh as we as we swear uh the witnesses in are we doing witnesses one two three four five six seven eight if you all would stand and raise your hands please raise your hand do you solemnly swear or affirm that the testimony you are about to give before the US Senate Committee on Veterans Affairs, will be the truth, the whole truth, and nothing but the truth, so help you God.

Amen.

The record should note all said, " I do." You may take your seats, yes. Now I'd like to recognize Senator Cassidy for uh, an introduction of someone he knows well.

Talk about. Um, that's my um, great privilege to introduce James Quinn, who happens to be my Chief of Staff. So I can say I know James pretty well. Uh, he, James, you have my vote. Um, and during my time in the US Senate, I've had the privilege of introducing many people who are under active consideration for federal office. Uh, and I often begin by highlighting temperament, academic rigor, strength of character, and passion for public service. And these are important attributes. But, just as Felix Frankfurter stated that what makes for an effective judge in simpler terms, A judge, he wrote, should be a lawyer, of course, but above all, a statesman. James has all these qualities and many more. He has served alongside me as my chief of staff when I was in the house, now in the senate, for a total of seventeen years. And you get to know somebody pretty well. For nearly two decades, James has given wise counsel. I've relied on him to assemble a a top-notch staff, uh, to be oil and water, to make sure that things were happened on an even keel. And our country is better off for it. Remaining in public service, he helped marshal efforts in mind towards achieving wins for the American people and for the state of Louisiana. And much of that is taking shape on this committee, as I first joined this committee in twenty fifteen. Mister Chairman, you and I have worked together on several bills to make the VA more accountable, transparent, and accessible to nations our nation's veterans. And ranking member Blumenthal and I introduced the informing Vets Vets Act to help veterans with disabilities learn the education benefits available to them, and often also work together to craft the Veterans Appeals Modernization Two point O Act which streamlines the appeals process for benefits. Um, um, through all this, James has worked with me to make sure that all this takes place. Um, he has contributed to my work on this committee, to our work on this committee, and he has had his hand in some two thousand constituent cases serving Louisiana veterans. A hands-on involvement in veteran casework and legislative process, which that casework informs, has prepared James well for service on the court that his charge is implementing this committee's work out in the world. Mister Chairman, Mister Ranking Member, I have great confidence that James is equal to the task of addressing our nation's veterans with care, while giving effect to the laws that originate in Congress. He'll make an excellent judge on the United States Court of Appeals for Veterans' Claims. uh i fully support his nomination and i don't stand alone i'm pleased to share at the committee that i have my have with me a letter in support of james's nomination written by my colleague senator john kennedy and so i request unanimous consent that that be submitted in the record

without objection

with that i yield

senator cassidy thank you very much for the introduction uh senator cassidy you are a valuable and uh knowledgeable experienced member of this committee and you have credibility in your comments but i'm Also interested if he shares the support of your spouse, the other doctor.

She is the reason that I hired James in the first place. We had multiple people and of course, once more she was right. Uh, but that's why his original hire on my staff was her insta- uh, her her her kind of, yes, James is the guy.

Oh, while Senator Hassan and and Senator Duckworth are are present, uh, let me again thank you for your service on this committee. I expect us to be meeting uh for the during periods of time for the remainder of your term and i look forward to us congratulating you and wishing you well in the near future

thank you

mr. quinn you're now recognized

chairman moran ranking memory bloomingthal and distinguished members of this committee thank you for the opportunity to appear before you today i want to thank the president for nominating me to be a judge on the court of appeals for veterans claims first i want to acknowledge several people who have guided and supported me throughout my career With me here today is my wife, Shannen, who is a caring and generous educator in the Arlington public school system, and our two amazing children who got to have the afternoon off from school today. I love you very much. I also wanna thank my parents, Patrick and Gail, who taught me to have a sense of public service and how important it is to extend a helping hand to those who need it. I also wanna recognize my siblings who I love and never get enough time to s- be in their company. Frank, Claire, Daniel, Spencer, and Ashton. I also want to mention my in-laws, Glenda and Jules, who are both veterans and have supported me through the years, even when I took their daughter from Louisiana to Washington DC. Finally, I would like to thank my home state senators. I especially want to thank Senator Cassidy who introduced me today. He took a chance on me and gave me the opportunity to work in Congress, so that we could try to make our state and country a better place. I will always be grateful. Senator Kennedy graciously sent a letter of support on my behalf. Thank you, Senator. During my seventeen year career as a congressional staffer, I've had the privilege of working on veterans' issues. I have had the honor of supervising a case work team that has handled thousands of constituent claims for benefits. This has taught me how the VA claims process works. From initial filing for benefits, the choices the veteran has to make through the modern AMA system, and most importantly how a veteran feels when they and they believe they are not being treated fairly by a system that was designed to help them. The VA process can be daunting to someone who is unfamiliar with its internal procedures. But with patience and understanding, I believe I have made a difference in veterans' lives by learning the system myself. There is no better feeling as a staffer than when you hear that a veteran is granted the benefits they deserve. I have also seen firsthand the laws that Congress has passed to transform the way VA handles claims. The passing of the AMA in twenty seventeen, that's the implementation in twenty nineteen. has changed the way veterans apply for their benefits. The PACT Act has dramatically expanded the pathways for veterans to claim the benefits they are lawfully entitled to. I've had a front row seat in seeing these bills pass the Veterans Committee Affair the Veterans Affairs Committee for the last twelve years, and in doing so have a unique and valuable knowledge on how Congress intended for these bills to be implemented. These experiences have provided me with a strong foundation that I believe would allow me to quickly adapt to the court. If confirmed, i promise to do the work diligently and partially and with a sense of fairness to all i would encounter veterans and their families deserve judges that will go to work everyday trying to hear cases timely and accurately if confirmed i intend to honor their sacrifice by being the best judge i can be i would be happy to answer any questions

good thanks

thank you quinn thank you very much uh we'll now turn to uh miss lopez and you ma'am are recognized for five minutes

thank you chairman Good afternoon, Chairman. I was gonna greet the ranking member, but I will do that when he comes in, and distinguished members of the committee. Thank you for the opportunity to appear before you today. It is a profound honor to be nominated by President Trump to serve today as the Chair of the Board of Veterans' Appeals. I also wanna thank this committee for its long-standing commitment to our nation's veterans and to strengthening the system that delivers the benefits they have earned. through their service and sacrifice. Service to our country and to those who have worn the uniform is deeply personal to me and to my family. I had the privilege of serving as an officer in the United States Army. My husband is also an Army veteran, and he continues to serve um continues his commitment to public service today as a law enforcement officer and he was not able to join me today so I wanna take a moment to thank him for all the years of support, we've been married twenty six years and he's supported me throughout my entire career, so I wanted to take a moment to thank him. My niece also has followed in my footsteps in that she is a veteran of the United States Air Force. Like so many American families, service to our nation is woven into our lives, and we understand both the sacrifices made by those who serve and the promises that our country makes to them in return. I'm also the proud daughter of immigrants and a first generation American. The opportunities that this country has provided to me and to my family are the embodiment of the American dream. My life and career have been shaped by the values of hard work, service, faith, and gratitude to this great nation and the opportunities that it continues to offer me. Public service has always been my way of giving back to the country that has given so much to me and to my family. Throughout my career, I have tried to honor those values through public service, as a federal prosecutor and then later as United States Attorney for the Middle District of Florida. I had the privilege of leading one of the largest United States Attorney's offices in the country. I've also led in the army where I served as a Judge Advocate, advising commanders, and helping guide legal decision making in complex and high stakes environments. My experience at both the Department of Justice and in the United States Army taught me that successful stewardship of large mission driven organizations requires principled leadership, disciplined processes, accountability, and most of all, respect for the people that are carrying out that mission. For a large share of my professional life, I've managed large teams responsible for legal decisions that profoundly affect people's lives. I've also, I also understand that supporting a professional, motivated workforce is essential to ensuring those decisions are timely, consistent, and grounded in law. As both a United States Attorney and an Army JAG Officer, I was interested to exercise objective judgment based on the law and the facts without undue influence, and to uphold the integrity of the institutions I served. My commitment has always been to the law, to the facts of each case, and to the people we serve. And that is exactly how I approach the role, this role as well, if confirmed. In my view, these same principles are essential to the work of the Board of Veterans' Appeals. For many veterans and their families, the board represents their final opportunity within the Department of Veterans Affairs to receive a full and fair review of their claims. Every appeal represents a veteran or family seeking a fair answer from the system created to serve them. They deserve decisions that are thoughtful, that are legally sound, and delivered without unnecessary delay. In advance of this hearing, I have become familiar with the substantial improvements the VA care, the VA care and benefits uh has happened during the first eighteen months of this administration. And also with your efforts. I know the secretary, the VA, leadership, and the board are committed to doing even more. I fully recognize the value and importance of continuing efforts to improve the timeliness of the decisions while maintaining high standards of legal review that the veterans deserve, that our veterans deserve. If confirmed, I will commit myself to supporting continuous efforts to promote further efficiency, consistency in decision making, and responsible stewardship of the board's resources in ways that best serve the needs of veterans and their families that we are sworn to serve. As Chair, I would also be committed to ensuring the Board continues to operate as a fair and independent adjudicatory body while working collaboratively with the department, this committee, and the veteran services organizations that serve our to serve our veterans effectively. If confirmed, my priority will be to support the dedicated veteran law judges and the professional staff of the Board in carrying out this critical mission, ensuring fairness, efficiency in the process, consistency in the application of the law, and respect for due process. Recently our nation observed Memorial Day and commemorated the anniversary of D-Day, and celebrated the two hundred and fiftieth anniversary of our great country. Reminding us once again of the extraordinary courage and sacrifices of men and women who have defended our freedoms across generations. Our veterans stepped forward when called upon to serve. If confirmed, it would be the honor of my life to step forward to serve them in return and help ensure that our nation keeps its promise to those who have worn the uniform. Thank you for the opportunity to appear before you today, and I welcome your questions.

Well, Beth, thank you very much.

Thank you.

Thank you. Good afternoon. Chairman Mor- Moran, Ranking Member, is not here, and distinguished members of the committee, thank you for the opportunity to appear today for your consideration to be a judge for the Court of Appeals for Veterans' Claims. I would like to thank President Trump for nominating me for this consideration, and thank Mister Collins, the Secretary of Veterans Affairs, for the support. If confirmed, I will make every effort to provide veterans with the benefits they have earned in a timely manner. My professional and personal experience has thoroughly prepared me for this role. Over my forty-six years as an attorney and thirty year career in federal service, I have built a legacy of transformative leadership and wavering dedication to advancing the interests of soldiers and veterans. i currently serve as deputy general counsel in the department of veterans affairs over the course of my legal career i represented individuals government entities corporations and the federal government agencies i have handled complex litigation administrative law and veteran related cases these experiences have provided me with a deep understanding of legal processes as well as unique challenges veterans face my qualifications enable me to approach each case with expertise and a strong commitment to justice. Recently as Deputy General Counsel for VA, I have led efforts to improve medical care access for veterans and improve many systems serving veterans. As I stated, this will be my thirtieth year of government service. Throughout my career, I have been guided by a singular focus, serving those who serve our country. I have a profound respect for those who have served our country, working alongside soldiers and veterans, has fostered in me patience and a strong sense of duty. These qualities can buy my legal experience, drive my desire to serve as a judge, and ensure fair outcomes for those who have dedicated themselves to our nation. I look forward to your questions and thank you.

Pleasure, uh thank you, uh Mr. Jones.

Chairman Moran, Ranking Member Blumenthal and distinguished members of this committee, thank you for the opportunity to speak with you today. I am honored and grateful that the President has nominated me to serve as a judge on the United States I am also humbled by the possibility of the great task before me, ensuring that our nation meets its sacred responsibility to our veterans and their families. These are the individuals that have taken an oath to support and defend our constitutional republic, many of whom have, as President Lincoln described them at the end of the Civil War, borne the battle on behalf of our country. I can think of no higher calling. I've had the privilege of serving my country for the past twenty years in the United States Army as a Judge Advocate, both a soldier and a lawyer, in a variety of assignments, in a variety of locations. But my service was not mine alone. I've had the support of my amazing wife, April, who is with me here today. Her tireless support and love for our family always inspires me, and I've admired and appreciated her own service and sacrifice for her country and community. as a social worker, public school teacher, and civil servant. I've had the love and support of our five children. I'm thankful to have the youngest three with me today, as my oldest son is away at college and my other son just reported to his first duty station in Portland, Oregon after graduating from Coast Guard basic training a few weeks ago. Regardless of what title I've held or will hold in my life, my family has given me the title I most cherish, that of husband and father. I am extremely blessed and love them all more than anything in this world. I've also had the privilege of growing up with amazing examples of selfless service to our country, starting with my dad, senior chief retired William Jones senior, who spent thirty years in the US Navy and Coast Guard. And my mom, Joyce Jones, who faithfully supported his service while lovingly caring for a family of six children. They remain the greatest influences in my life. My three older brothers who followed in our dad's footsteps and answered the noble call to serve their country by enlisting in the Coast Guard, Army, and Marine Corps out of high school. My brother Rob, the Marine, is here with me today. These examples of my family's service extend beyond those wearing a military uniform, as my two sisters served their communities as a teacher, married to a police officer, and a nurse, married to a firefighter. The Jones family's love for our country and service to it makes me immensely proud. Their example has led me to where I am today, sitting in front of you. After serving my country for two decades in uniform, I am honored to be considered for continued service on the Court of Appeals for Veterans' Claims. I thank you for your consideration, and I would be glad to answer any of your questions.

Thank you. Mister Rendleman.

Thank you, Chairman Moran, Ranking Member Blumenthal, distinguished members of the committee. It is my great honor to come before you as a nominee for the United States Court of Appeals for Veterans' Claims. For that I am grateful, grateful to the President for nominating me, and thankful to this committee for inviting me here today. In truth, if I were to review my life and career thus far, thankfulness is perhaps the only appropriate attitude for me to adopt. I was raised in the cradle of the prairie state, where my loving mother and father not only bestowed upon me the blessings of American liberty,

So.

but taught me to appreciate the causes of that bounty. I learned early on about the debt that I owed, a debt to the American service member who in every generation has fought and bled that such freedom may long endure. To the statesmen and patriots who, when the initial struggle for freedom and independence was won, carefully crafted our government's founding document, that sole source and guarantee of national freedom. to the countless american citizens who have added their voice and the work of their hands to the improvement of our republic and of course to that providence which once transplanted upon these shores the seed of limited government and to this day sustains it

mmm mmm

a proper appreciation for the unearned blessings of my american birth led me to the united states army and that decision has determined my professional life ever since i commissioned as an army aviator learned tolerably well how to handle the ah sixty four patchy helicopter and deployed to combat in afghanistan with the first of the hundred and first expect no mercy battalion where my duty ultimately was the protection and success of the american soldier the army sent me to law school and my office changed from a cockpit to a courtroom but the guiding principle never changed whether serving as a prosecutor or advising a commander or defending a soldier accused at court martial The welfare of the American soldier and the success of our arms has been at the forefront of my efforts. A judge's responsibility to a party coming to his court is quite different than that of a pilot providing air support. The veteran is ultimately best served by a judge who examines each case in turn, objectively, without bias, and faithfully applies the law, as promulgated by the political branches, to the facts. If confirmed, I commit to doing just that. I would be remiss if I did not mention here one remaining cause of my gratitude. Catherine Rendelman, my wife, has spent the last eighteen years, supporting this particular service member, upending her world to move almost a dozen times, and raising our six children, who have never known any but an army life. She, like so many others in her shoes, deserves the love and thanks of man and woman, and she has mine. i'd be more than happy to answer any questions that you may have

uh thank you all very much for your opening statement i'm gonna turn now to the ranking member senator blumenthal for any comments he'd like to make before we have a round of questioning senator blumenthal

thank you mr. chairman um i would like my full statement be entered in the record

without objection

and i'll i'll um condense it um thank you each of you for your willingness to serve uh i'm just gonna be very blunt i'm gravely concerned that none of these nominees have any experience with veterans benefits law whatsoever not as judges not as lawyers not as advocates for veterans uh miss lopez if confirmed you would be responsible for ensuring that the board of veterans appeals makes accurate timely decisions on veterans appeals um the board has been able to hire substantially more judges attorneys and staff thanks to bipartisan investments by the congress but this administration has cut the board's budget instituted a hiring freeze and pushed out many of its employees and senior leaders i wanna know from you that you will stand up for the interests and values that congress has sought to implement here um turning to the court of appeals for veterans claims uh you will have a an interest likewise in the public interest mister fleck you were found by va s office of inspector general to have engaged in nepotism when as manager in the office of general counsel you advocated for the employment of your wife in the same office uh you will have to explain to the committee why the report done by the office of inspector general is not disqualifying and um i appreciate the chairman's staff subsequently sharing the documents and information with us uh which should prop all of us to have very strong concerns and i intend to make further inquiries about this issue uh we have a constitutional duty of oversight mr. Rendleman if confirmed you would have the power to decide whether a veteran's claim for reproductive healthcare coverage or reimbursement is denied the radical anti abortion views that you've espoused call into question your ability to make impartial judgments on abortion related claims and i'd like to enter into the record mr. chairman a letter from thirty organizations including the national women's law center minority veterans of america the national organization of women common defense physicians for reproductive care and other organizations that have substantial numbers of veteran members or represent them concerned about mister Rendleman's nomination

without objection

thank you um i'm concerned that we're considering mister quinn for a position that will not open until next congress which is i think unprecedented in this committee in november the american people will determine at the ballot which party should lead the senate not prejudging what the outcomes will be but the new congress should provide advice and consent on positions that will open when there is another congress uh finally mister chairman um before we get started i'd like to address a really urgent and critical topic the va recently raised the ceiling for its electronic health record contract with oracle by seventeen billion dollars seventeen billion dollars without any notice to congress or taxpayers that's more than by the way the thirteen billion dollar cost estimate for the major richard Starr act which some of my colleagues claim we can't afford without cutting benefits for other disabled veterans i think we have bipartisan support for the major richard starr act but seventeen billion dollars for oracle to extend a deeply troubled contract i think demands inquiry from this committee and so i'd like to formally request the chairman hold a hearing on implementation of the electronic health record contract and i have a letter for the record signed by all democratic members of the committee with that request

uh mr. renge member we have not you and i at least personally visited about this topic of a hearing but i have uh planned to have a hearing in our upon our return in november uh on this topic

thank you mr. chairman

anything further

thanks

senator blumenthal thank you um we'll now turn to questions um i'm interested in how the position that you have been nominated to fill uh came to you miss lopez what what came into your life that caused you to uh agree or decide you wanted to pursue uh the job you have been nominated to do

well sonner um thank you for the question

how how did the administration come to know you

um they came to recall my name because i served under president trump um under the forty fifth administration as united states attorney so his name my name was refreshed to him through um my colleague the um tijag the judge advocate general of the army who served as united states attorney in georgia So my name came through through that, through those channels, uh, and I literally was here in DC last October for the National Association of Former US Attorneys when I got the call from the White House about, um, about this position.

Mister Fleck, uh, you are at the Department of Veterans Affairs. You'd be known within the department. How did the administration decided of all the people who work at the Department of Veterans Affairs that, uh, you should be nominated for this position?

Mister Chairman, I can't uh, I don't know how they came to ask me if I was willing to serve. But I was asked by the acting uh general counsel at that time to, would I be interested in serving, and that's how um I was approached. I said yes.

Acting general counsel at the department.

At the Department of Veterans Affairs, yes.

And, Mister Fleck, is there anything that uh I should have concerns about? Your ability to set aside your employment uh at the Department of Veterans Affairs, your relationships with people who work there, the leadership that has put you in your place. in making decisions about uh veterans cases that uh uh appear before you

no sir uh for forty six years as attorney i've always looked at the law and the facts and applied them accordingly i haven't been uh uh just taken away from that course of action by public opinion or by uh a hostile client or a client want wanting to do something differently

or political pressure

or political pressure sir

uh mr. jones uh You arrived here today because someone thought you were worthy of this position. Tell tell me how that happened.

Uh, thank you, Mister Chairman. Um, in January of this year, I I hit twenty years in the military, and so uh, my wife and I, after lots of discussions and prayer, decided it was time to uh, submit my retirement packet. Um, and I was looking for continued opportunities to serve. Uh, at the time I was detailed to the White House Counsel's Office. a position i had been detailed by the army in the first trump administration um and so through those relationships uh they asked me if i'd continue to serve in in this position if i'd consider it

i don't know that's the same question that i asked mr. fleck but i'm gonna ask it the same circumstances uh your ability to set aside uh your association with a white house uh with an administration uh and make decisions based upon the merits of factors rendering justice in individual cases is unimpaired

uh absolutely mr. chairman i mean i've served under um you know for twenty years under four different presidents uh my duty has always been in the constitution

thank you mr. Rendleman

thank you mr. chairman uh i don't know the full origins of how my name got recommended uh to the white house counsel's office but uh my first contact was when they reached out to me

mr. craig

uh thank you mr. chairman uh after seventeen years of working on veterans issues i've grown up passion um for this area of the law uh i have always been interested in it um uh certainly wanna continue uh public service um i had um obviously uh been very aware of this court certainly especially after the passing of the ama in uh twenty seventeen and its implementation in twenty nineteen been following it closely um and once i noticed there were some vacancies i reached out to the white house counsel's office and let them know of my interest

uh thank you i suppose only to be fair i should ask you you uh would assure me that you'll not be uh inappropriately uh persuaded or influenced by members of congress for whom you served or worked with uh in the reading reaching decisions uh before the court

i promise senator

thank you uh let me turn to the ranking member for his questions

thank you mr. chairman uh mr. fleck you claim to have led va s removal of veterans records from the fbi's national instant criminal background check system without assessing the dangerousness or underlying mental health conditions of those veterans as i'm sure you know firearms were involved in roughly seventy three percent of male veteran suicide fifty one percent of female veteran suicide both far above the general population when advising the secretary how do you justify removing veterans from the ic s in light of the va s own data on how disproportionately firearms are involved in veteran suicide

sir um thank you we and i recommended the uh we submit the names to the fbi to consider for removal from the ncis we do not remove them the fi fbi goes through other checks but the reasoning for that is to uh

how do you evaluate those individuals you review medical records you go case by case

no sir we looked at how they were uh put forth to the ncis the only thing that uh the ones we recommended for removal the only thing they had on record was a box check saying they were not able to uh handle their finances and that was not any court of any uh there was no court of adjudication of mental incompetency as the statute requires

well it's not a question of mental incompetence it's a question of mental illness how do you justify policies that deeply endanger veterans from suicide

well i think there's a balance between taking away someone's constitutional rights and having due process applied to do that with the uh adjudication as the statute requires

let me ask you uh the va s office of inspector general found that you violated laws and regulations related to nepotism conflict of interest confidentiality and making false statements to investigators uh i wanna give you the opportunity to respond because i understand you dispute the oig s findings so let me just ask you plainly did you ever discuss the employment of your wife at va s office of general counsel while you were employed as a supervisor in the va s office of general counsel

i had a uh my supervisor at the time um deputy general counsel asked me about my wife and i said i have no comment on it and then he asked me to send him a send him my her resume that's all in any contact i did

so uh is it your testimony that you recused yourself from your wife's hiring

yes i did on the first mention of her name yes

did you ever share sensitive va data with your wife before she was an official employee

i uh yes sir i did uh she was an army attorney and i don't think that's highlighted in the report with a decade of experience as an army attorney and uh i shared it with her to prepare for the job after she had advised me she received a call that she was going to get an offer for employment

um did the oig ever reverse any of its findings that you violated these laws

no no sir but the uh trial court judge has made some statements and i'd like to quote one for uh statement for you uh the report you referred to was uh substantially discredit because the ig failed to performance proper duties to investigate and consider materially significant uh sculptural evidence brought to the ig s attention during the investigation the trial jur uh court judge stated sufficient evidence of the ig s intent or willfulness was induced to substantiate the allegation ig pursued its investigation only with an eye towards substantiating the allegations rather than uh providing a complete account and that's at page forty one of the court's opinion that was uh issued

what's the what's the date of that finding

march thirty first twenty twenty two

um i'd just like to uh enter a letter into the record from the va oig to the house va committee uh dated june fifteenth two thousand eighteen uh stating quote we've taken a fresh look at the nepotism report and the reportedly new information Mr. submitted based on this comprehensive review we have concluded that an nepotism report findings and recommendations are fully supported by the law the testimony of multiple witnesses and numerous documents we will take whatever you would like to submit to the record so that we can have a full account mister Rendleman in two thousand seventeen you wrote an article for the federalist where you stated quote abortion is murder and therefore by far the greatest moral failing of our time uh end quote as a judge on the court of appeals for veterans claims you may consider appeals regarding a veteran's claim for abortion care do you think you can fairly administer the law in considering those appeals on the facts of the cases when they are contrary to your apparently deeply felt personal beliefs

senator i i sorry yes senator i absolutely do the the article that you're mentioning actually came from a desire to hear the deeply held beliefs of people who felt differently about me on this issue and to sort of examine them on their own terms i i guess i'd also say that uh it is my belief and understanding of the role of the judge that yeah i'm i'm not auditioning to have a to design the va benefit system as i would prefer to be or to impose my own policy perspectives uh but rather to faithfully and unbiasedly apply the rules as promulgated by the political branches uh to the facts uh without regard to my own personal views

my time has expired thank you mr. chairman

sir cassidy

i'll ask each of you i'm not an attorney so my questions will be more basic um miss lopez um i'll ask the same of each of you there's a backlog in the courts you don't wanna just wave people through but you have to give due consideration how do you deal with that backlog

senator uh thank you for the question and um if confirmed my plan as i did as united states attorney when i took that um position is to um go in and and make an assessment of exactly what you're describing um take ninety to a hundred days to see what's going on what is causing the what is causing i understand remands are also a concern um and try to identify what the issues are what is causing the delay what is causing but i also wanna thank this committee uh with the implementation of the ama and the successes that that the um the process has had uh in since the implementation of the ama in twenty nineteen um but i know it's confirmed i will look into that and try to identify how we can further improve that that efficiency that's already been identified uh by the implementation of the ama

mister fleck i know some people move a docket quickly some not so how do you move a docket quickly but fairly

uh thank you uh it my current position as a leader of of approximately seven hundred and fifty attorneys we have many uh ways to work through things and change

uh thank you senator the the numbers are daunting right va heard three million

mmm

Had three million claims last year. Um, the court had ten thousand appeals in one year, six judges, ten thousand appeals. Um, so the numbers are daunting, but the court needs to remember its statutory mandate. If confirmed, I will remember my statutory mandate, which is to move as quickly as practicable. There is a sense of urgency in the statute that we need to move on these cases. With that said, um, speed is not the same as accuracy. We know that. Um, I'm reminded of my time working in an operation cell in Afghanistan where we're planning operations. And uh, time was always of the essence. And the deputy chief of operations would always tell me, Jones, we're not gonna rush to failure. And I think the most important thing for the judge is to get it right, to get it right the first time. Um, but realizing you have to move at a deliberate pace. That's what I would do.

Mister Underwood.

Yes, Senator, the most important thing is to be right on the law. it doesn't help if we are moving cases quickly but inaccurately and the and the veterans are not getting the benefits that they have earned or entitled to uh so obviously my first priority is to is to decide cases correctly after that i i think as my fellow nominees have said uh the key is to jump in with both feet first with efficiency and vigor looking at uh both what you can do on the chambers level leading a a team of clerks and also what you can do working with if i'm fortunate to be nominated my fellow colleagues uh in terms of procedures and policies of the court as a whole anywhere that we can move to make these cases move expeditiously while remaining accurate

mr. grimm

thank you uh there's no there's no substitute for hard work um i think you gotta get in there um you have to understand what's going on and maybe make adjustments going forward i certainly agree um with the other panelists um accuracy is the most important thing what you don't wanna do is rush to it and then it becomes you know a cycle where you go back and forth between the vba and the court of appeals so making sure that you come to the right decision the first time may take a little more time but you gotta make sure that it is done correctly um but i do also think um there is there is probably a lot of room for improvement and i certainly commit before this committee uh if i identify those um improvements and they do uh require some sort of congressional uh oversight or congressional implementation uh to come back and and share those thoughts with the committee so if they choose to they can make improvements on the process

i yield

thank you mr. chairman mr. fleck thank you for being here and also to the other panelists uh mr. fleck in march the va department of justice entered into an agreement that empowers va attorneys to initiate and participate in state court guardianship or conservatorships proceedings for veterans This agreement covers veterans in VA's acute care facilities who no longer require inpatient acute care, but who have been deemed by their VA clinician to be incapable of making medical or placement decisions, and have no families or other surrogates to decide for them. The unprecedented agreement between the VA and DOJ, creates a pathway for stripping veterans of their civil rights, including the right to make medical decisions, to decide where to live, and under full guardianship, to manage their own finances. This is an inherent conflict of interest. The VA, the agency responsible for caring for veterans, is now also the agency empowered to ask a court to strip veterans of their legal autonomy. Mister Fleck, you've said that as Deputy General Counsel at VA, you established this process. Is that correct?

Yes, I led the establishment on it, yes.

OK.

But not that I

When when coming up with this plan, were you aware of the risk to veterans' under guardianship?

i've handled in my um years of practice many guardianship cases uh senator and in all the cases the courts are very uh concerned about how this guardianship would be applied and they also look at the testimony of medical doctors and clinicians and it always is a public hearing and the alleged incompetent can also testify if possible

ok so for let's do an example

uh then

um were you aware of abuse and exploitation of veterans under guardianship such as in the case of stephen stryker are you familiar with that case

no i am not ma'am

um ok well let me let me tell you what happened to stephen stryker stephen stryker was a navy veteran whose guardian was appointed at the request of the hospital treating him to get him into an assisted living facility his guardian uh um had his feeding tube capped a step that the hospital staff testified had no medical benefit so she did that against the advice of the hospital staff. She also signed a do not resuscitate order, or DNR, against his wishes and refused to withdraw it, even though his family objected and a psychiatrist who examined him believed he could decide for himself that he wanted to live. He choked to death in a Tampa hospital in twenty nineteen. His guardian said she preferred quality of life versus quantity of life in making her decision on whether or not he should live or die. Unfortunately, Mister Stryker was not an outlier, a judge later removed her from nearly one hundred cases and she was convicted of felonily elder neglect. Mister Fleck, if confirmed, you will be responsible for reviewing VA's decisions on veterans' benefit claims. But you orchestrated a process that could put hundreds of disabled veterans at risk for losing their rights, being robbed of the benefits they earned, or even dying at the hands of a guardian. Why should the American people trust that you will make decisions with veterans' best interests in mind?

uh that the decision that we put in in the process we put in place was to make the best interest for the for the uh veteran the veteran cannot

you don't think it's a conflict of interest for the va which is charged with caring for the veteran to also be the entity that is going to uh also uh petition to have that veteran's civil rights removed

the that's only after and that's different in the case you also stated in that case you said there was family members this would be after a thorough search for family members and other relatives or friends that would be willing to step forward to handle the the behavior of the guardian.

And in that case the hospital the the nursing the the hospital medical staff said that having his feeding tube capped was not necessary as well, and it still and the guardian still moved forward with it.

Mm-hmm.

I I understand that guardianship is common, but that fact alone is a problem because guardianship should be the very last resort, not something that is common.

It's

Congress has provided the VA with authority to and resources to ensure veterans are receiving care in the most appropriate setting. So there's medical foster homes, community living centers, caregiver support. The VA has many options to free up hospital beds without sending veterans in need of care off into the realm of state court appointed guardianship, with no plans to ensure that the veterans are safe. And I still cannot understand why the VA, in the department's responses to our requests for information, would not commit that VA attorneys would monitor cases and instead confirm that oversight remains solely with the state court under this agreement. So basically, the Trump administration's decision is to wash its hands of responsibility for veterans' welfare. And I don't think this is some clever efficiency hack. It's a dereliction of duty. And because of this and other major concerns, I cannot support your confirmation. Thank you, Mister Chairman. I yield back.

Sir, Kate. Thank you, Mister Chairman. Uh, Miss Lopez, I I wanted to ask some questions about the the board itself. Um. And what's concerning me is that I understand there's a report from the Board of Veterans' Appeals predicting a twenty-one percent increase in appeals it expects to receive in this fiscal year. Uh, and yet at the same time uh the VA's request, budget request calls for a twelve million dollar decrease in the board's uh, f- funding. uh despite the increase in workload it also requests a ten and a half percent decrease in staffing uh i don't understand the logic of a board that acknowledges that it's overworked uh sitting still for a significant diminution of its staff and budget explain that to me

thank you for the question senator and it's nice to see you again uh we met back in june and thank you for the time for the meeting um senator again i'm as as i mentioned when we when we met i am not at the board i understand that um those are things that would that i would need to look at if confirmed if i'm honored um to be to be confirmed that would be something that i would look into within my first ninety to a hundred days in an assessment to to identify um the staffing situation the budget situation the financial situation i've had to address those same types of issues before as as a united states attorney when i first came in um addressing staffing and budget needs and and um those kinds of things and raise those too in that in that situation to the attorney general in the executive office of us attorneys and i will do that if i find in my assessment that there needs to be a uh address of of that in terms of the shortage of staff that you identify and budget considerations i will raise those with the

i i hope you will pursue that actively because the

i will

there was a survey of bva attorneys ninety seven percent a third of them i'm sorry uh ninety seven percent said current performance standards increase the likelihood of factual errors ninety three percent there said there's not enough time to review each case de novo ninety two percent said the standards sacrifice quality legal analysis so i think you got your work cut out for you

i i i welcome the challenge um and i'm honored to be asked to serve um our veterans i i've been retired for five years but it's an honor of a lifetime to be have the opportunity to address concerns and and issues that affect our veterans

mister is it riedelman

rand randallman senator

riedelman is it your your position on abortion is clear uh let me ask you a slightly different question if uh if uh an appeal comes to you involving of of veterans access to to uh uh to contraception Uh, can you handle that case fairly and objectively, given your rather strong views, going back to Griswold?

Uh, yeah, yes, absolutely, Senator. I'd, I would consider myself bound to, uh, unbiasedly, in a, in a fair and objective manner, apply the laws and regulations and, and the binding precedent, including Griswold, that applies to the Court of Veterans' Claims.

Even though you believe that to be morally deficient.

I senator absolutely i i think if i was uh motivated to but i'd say i'd say first i'm i'm not gonna uh take a position on contraception being morally deficient uh but i i'm not uh attempting to to sit in your shoes and set policy uh for the department of va or a position in the executive branch doing the same thing i i am excited about the role of uh taking the law not as i would

thank you uh mr. jones assistant general counsel for ethics in the white house january twenty f- twenty twenty five to the present um has there been any ethical violations in the white house since you've been in that position

um senator just a point of clarification so i was detailed till june of this year so i'm not currently at the white house but

ok that i had i was misinformed but you were there

um no that's

you were there for um a year and a half.

That's correct. Similar to the first trump administration where I was asked to detail for my agency, this currently it's the cftc, back then it was the army.

Any violations of ethics during the year and a half that you were there?

Senator, it's it's my experience that um uh the individuals at the white house that I work with, that I've advised on uh comply with their ethics rules.

Do you think it's ethical for the president of the united states to trade stocks uh when he also can make comments about those stocks, as he did with dell, that would increase the value of his holdings? Is that an ethic, is that ethical?

S- Senator, just to provide some context to your question, so the the role of an ethics advisor is to comply on the lawful or to advise on the lawfulness of a course of action, right? Does it comply with the rule?

Did you advise that that was a law, that was lawful for the President of the United States to trade in stocks which he can then uh comment on in public and therefore affect the value of the stocks? Did you say that that was OK?

Senator, as I'm sure you know, I can't get into the content of any legal advice I've given at the White House. Um, it's protected by privilege.

Do you think that's OK from an ethical point of view? That's my question.

again giving context to your question ethics is it's a rules-based compliance system does it comply with the rules does it comply with statute and regulation and as i mentioned uh during my time at the white house i believe employees do follow their ethics rules that's my experience

and so you you have no opinion on my question which is not a hypothetical it's a factual question i i don't i'm quite i don't understand your answer is it ethical for the president of the united states to make thousands of trades in stocks many of which involves companies in which he has made public statements affecting the value of that stock. That's a pretty straightforward question for a guy who's a claims he's a uh Ethic Count General Assistant General Counsel for Ethics. Is that ethical?

Senator, there's actually some nuance to that question, right? Again, an ethics

I'd like to hear the nuance, please.

Yeah, yes, Senator. So, an ethics counsel advises on the lawfulness of a certain action. It's not my personal opinion on whether or not I think something is appropriate or ethical, morally right or morally wrong. That's that's not what i'm doing similar to what i would do on the bench it's it's it's not my personal opinion on these matters

so there was no there's no law or regulation that would that would impact the the president's uh trading in stocks that he can then effect through his public comments there is nothing nothing that that that would cover that in any way shape or form

uh senator you you um senator you the the law that would apply would be uh eighteen usc two O eight the conflict of interest statute which specifically excludes the president and vice president so those laws do not apply to the president

so why do you have an ethics office in the white house if the the president is excluded from consider this.

That's one statute.

Seems to me that's like being a Maytag repair repairman.

Um, Senator, that's one statute. There are plenty of statutes that do apply to the President and Vice President. Um, and there are a host of other employees there at the White House and the National Security Council that I've interacted with.

Thank you. Thank you, Mr. Chairman.

Thanks, Senator King. Um, I'm gonna ask um, I think one more question and then I'll see if Senator Blumenthal has a second question or second round of questions. I just wanna get to this. this problem of increasing cases. And maybe it's not a problem, uh, although the backlog and time frame in which decisions are made is clearly important to a veteran or his or her beneficiaries. But what I'm told is that over the last several years, the court's caseload has remained substantial. While incoming appeals average twenty-six hundred per year, during the court's first fifteen years, I'm talking about the US Court of Appeals for Veteran Claims, So in the first fifteen years of the court's existence, it received seven thousand appeals per year. In FY twenty-five, the court received ten thousand four hundred forty-nine appeals, which was the highest number of appeals in the c- court's history and represented a seventeen percent increase over the prior year. Uh, I think I left out the first sentence, at least I didn't say it the second time I talked about this. Incoming appeals, averaged twenty six hundred per year during the court's first fifteen years. Now it's routinely seven thousand appeals per year. And in FY twenty five, just a year or two ago, we had a seventeen percent increase from that. And also, I suppose, it's important to know how many court cases were disposed. But my question really is about what's the cause? Why is the the us court of appeals for veteran claims receiving so many more uh cases to be adjudicated uh and is there something in the system that is causing this or is this just the increasing volume of veterans uh we have in today's um america that um are eligible to to have a case cause lopez is there what's the systemic problem or Reason is not less not I don't need a big majority. What's the reason cases keep increasing?

Senator, thank you for that question. Um, and I completely empathize with what you're saying in terms of the number of uh claims and appeals. Again, I'm not at the board, so I'm not able to identify specifically what the reason is. But it is something that I will prioritize when I, if I am confirmed and I am able to step in as chair and take care of uh and take a look at this it is important um i understand that as i mentioned earlier that there have been significant improvements under the ama but what is causing them and what the what the um what the root cause is or what kind of trends there are that are that are that are causing this i will definitely look into and i will be happy to come back and share that information with this committee

any of you other nominees have an idea of anything that is going on or not going on that you will be engaged in that uh would reflect the reason for that increase or those increases

senator um uh i think there's a lot of there's several reasons and probably too many to get through today but one of the things as a a board judge uh we can look at the process to improve to cut the backlog of cases to be decided um to any other improvements would be out of our realm of doing things uh to do it but i think the recent enactment of the ama the pact act has increased the number of claims coming into the veterans benefit administration and uh pro rata that and probably increases the number of denials that to the board of veterans appeals and then you get some a certain percentage of those go forward so as the numbers go up you still get the pretty close to the same percentage of appeals

uh so the number of cases may as a as a percentage of the number of opportunities for appeal may not change we just have more opportunities

that's one that's that's that's it's uh i think that's a big part of it but uh i can't speculate too much

think that's the way to do it

certain other facts.

And certainly the PACT Act was expected to have a consequence in this regard.

Yes, and additional funding was provided to uh handle those claims and those claims are coming as expected. So.

Sir, below with all?

Uh, couple of questions. Um, Miss Lopez um, as you may know the Board of Veterans Appeals until recently has maintained a liaison with the accredited veterans advocates the veteran service organization um and the chairman of the board has had regular engagements with them uh if confirmed will you commit to reinstating the vso liaison position and to hosting quarterly engagements with vso

senator thank you for that question um and if uh if confirmed i will definitely look into that i will just let you know that in pending this hearing i have spent a lot of time in florida with our local vso organizations and with congressional uh personnel that handle veterans issues uh this is a very important to me personally i'm a veteran and i commit to definitely looking into that and consulting with this committee on that issue

i'm glad to hear that because the veteran service organizations often have insights and

important

data that is important to decision making by the board of veterans appeals and all aspects of the va

they they gave me a lot of information to in preparation for this position so i look forward to that continued relationship with them

senator cassidy and i have a bill to address issues with evidence submission docket efficiency and the board's workflow management system which address the backlogs that

mmm

concern all of us if confirmed you commit to working with the committee on this legislation and others to address these issues

i look forward to the to the collaboration with this committee i i appreciate your oversight and your partnership in that i look forward to it

thank you you were a us attorney in the middle district of florida

middle yes sir

for three years is that right

for three years yes sir

thank you thank you mr. chairman

senator kate

mr. chairman i would just add you you noted in your comments the uh increase in in the workload uh for next year the the projection is it go it'll go up another twenty one percent at the same time the budget decreases for this agency twelve million dollars and a ten and a half percent decrease in staffing so there's a mismatch there that i hope uh we can address

you know i i in uh in regard to the the uh budget requests uh it is congress that will determine the amount of money that will be made available to the to the courts and we need to do our jobs well to make sure that we're adequately funding um the president's uh making a recommendation we need to do our jobs well

amen mr. chairman thank you

um is there anything any of you would like to add or detract from what you said uh in your testimony uh anything that you wanna make sure we hear before i conclude the hearing you're supposed to give me time to find the words that allow me to conclude the hearing

is that uh

and there they are uh if there are no other questions then there or not i wanna thank our committee members the nominees and our audience for being here today any member who would like to send questions for the record to one of the nominees should do so as soon as possible that means members of this committee have the opportunity to inquire a view in writing and we would expect and appreciate a timely response if that occurs from each of the nominees and with that uh this hearing is adjourned