Let me introduce the subject of shame by telling a story. In ancient Rome, Caesar Augustus had swept all opposition aside and, through numerous campaigns of blood and brass, established himself as the first Roman emperor. One day, Augustus, accompanied by his entourage, was walking through the forum.
An old army veteran who needed a character reference in court cried out to the emperor for help. Augustus heard the old warrior out and promptly appointed one of his aides to accompany the man to court and testify on his behalf. But the old veteran stood before the emperor and pulled back the sleeve of his tunic revealing the stump where his right hand should be. “With respect, Caesar, when you needed my help at the Battle of Actium, I didn’t send a substitute. I went myself.”
After a moment of silence, Augustus nodded and followed the old man to court.
This story illustrates a connection between shame and gratitude. Augustus’ rise to power would not have been possible without the sacrifice of the old soldier and countless thousands like him. The emperor was shamed by his momentary lapse of gratitude. To his credit, he acted promptly to correct the error.
On Monday, the New York Times carried a story about a case pending before the U.S. Supreme Court. This story should prompt us to take a moment to reflect on the concepts of shame and gratitude.
Evidently, each week there are hundreds of cases of America’s disabled vets whose claims for help are dismissed because of a technicality. If they’re late filing their papers, even if only by one day, even if the delay isn’t their fault, they won’t be heard on the merits. It’s just tough.
David L. Henderson served in the front lines of Korea. He was discharged in 1952. Though he was evidently receiving some veterans’ benefits, in 2001 he applied for additional help for his service-related disability. Three years later, he was turned down. He had 120 days to file an appeal. But he suffers from paranoid schizophrenia so, in his psychiatrist’s opinion, he’s incapable of rational thought or deliberate decision making. He’s incapable of understanding and meeting deadlines. He was late with his appeal and his case was thrown out.
This decision was called “ironic and inhumane” by three of the federal judges on the panel who reviewed Henderson’s case. In their words, “It is the veteran who incurs the most devastating service-connected injury who will often be the least able to comply with rigidly enforced filing deadlines.” In other words, these men and women who risked their lives and bodies in the service of their country can’t expect a technical break from their country when they have to turn to their government for help.
The article mentions the case of Anthony Bove who filed his appeal 54 days early, but he sent his papers to the Veterans’ Affairs instead of to the court. The bureaucrats sat on the papers until the appeal time ran and then had the case kicked out on this technicality. Rather than bend over backwards to offer help, the government office acted like an adversary and exploited the veteran’s understandable error.
Statistics on veterans’ appeals are remarkable. If they’re heard on the merits, 80 percent of the vets win some type of relief. This means, of course, that many, if not most of those who are kicked out on a technical error are deserving of help but they won’t get it.
Of course, there have to be rules and of course, those who are able should be required to follow those rules. But in unclear cases, someone gets the benefit of the doubt. Under the system as it is now, the benefit of the doubt goes to the government and the disabled vet is just out of luck.
In Henderson’s case, the Supreme Court will decide if a late filing means the vet automatically loses, or whether there is some equitable way to give another chance to someone who was willing to sacrifice all for his or her country. It just seems to me that when veterans deal with their government, it should never come down to a case of “gotcha.” Hopefully, the law is not so unjust. If it is, we should be ashamed.
Here’s where I disclose my bias. I’ve personally known many a fine man and woman who didn’t dodge when their country called. I can’t say I’m always proud of the way their country repays their sacrifice. Just my opinion.
I’m Hink and I’ll see ya.
Posted on
Wed, April 7, 2010
by Michael Hinkle