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Oct. 10, 2025
Greetings,
We hope you enjoy this issue of the National Council Monthly Update summarizing the pertinent operations at VFW National Headquarters over the last month.
General Counsel
Below is an update on the most pressing legal issues currently facing the Veterans of Foreign Wars of the United States:
Hencely v. Fluor
As mentioned last month, the VFW filed an amicus curiae (Friend of the Court) brief in Hencely v. Fluor, a case arising from injuries sustained by a service member at Bagram Airfield allegedly due to contractor negligence. The case presents critical issues concerning the scope of the Boyle government-contractor defense and the "political question” doctrine. Our brief emphasizes that these doctrines should not be expanded to bar state-law tort claims where contractors act outside the scope of precise military directives.
Oral arguments before the U.S. Supreme Court are scheduled for Nov. 3, 2025.
Veterans Guardian Litigation – Maine Deposition Preparation
The VFW continues to defend its position in ongoing litigation brought by Veterans Guardian, a for-profit claims consulting company. Our Director of National Veterans Service, Michael Figlioli, will be deposed in Maine as part of the discovery process. Preparation for this deposition is underway to ensure that our testimony is clear, accurate and consistent with the VFW’s longstanding position that protecting veterans from predatory "Claims Sharks” is a core part of our mission. This case has the potential to affect how aggressively the VFW can continue to speak out on these issues in the future.
GI Bill Benefits Litigation – Rudisill/48-Month Rule
The VFW continues in the litigation and advocacy surrounding the application of the 48-month cap on GI Bill benefits, particularly in the aftermath of the Rudisill decision and the VA’s subsequent manual updates.
A press release, including a call to action for members impacted by VA’s implementation of its 2024 guidance, is pending.
Brand and Intellectual Property Protection
The VFW continues to devote resources to safeguarding its federally chartered name and marks. Recent disputes — including with organizations attempting to use confusingly similar names such as "Foreign War Veterans Motorcycle Club” — illustrate the need for vigilance. While some matters are being resolved through negotiated distinction, others may require formal enforcement to prevent reputational harm and unauthorized affiliation with the VFW’s brand.
Contact: VFW General Counsel John Muckelbauer, JMuckelbauer@vfw.org.
Development
The first month of the new fiscal year exceeded projections and set a strong tone for the year ahead. We projected revenue at $3.7 million for September and closed the month at $5.2 million. A key driver was the USPS’s timely delivery performance — over 3 million pieces dropped on Sept. 2, and our seed mail was already hitting staff mailboxes by the end of that week, a major improvement by the USPS. Our receipts processor also played an essential role, quickly and efficiently handling the influx of responses. Compared to September of last year, we received nearly 73,000 more gifts and an additional $1.4 million in revenue. This early success underscores the importance of flawless execution, as we know even the smallest ripple can negatively impact results.
Contact: VFW Development Director Kelly Jones, KellyJones@vfw.org.
- New Hire:
- Martin De St. Pierre is a new Planned Giving Officer in the Development Department in the KC Office.
- Promotions/Transfers:
- Nancy Springer was promoted to Deputy Director, National Legislative Services in the DC Office.
- Current Vacant Positions in Recruiting Process:
- National Pre-Discharge Claims Representative, Veterans Service Programs – JB Myer & JB Anacostia-Bolling
- National Pre-Discharge Claims Representative, Veterans Service Programs – JB Andrews
- Network Security Analyst, IT Department – KC Office
- Member Services Advisor, Membership and Member Services – KC Office
Contact: VFW Human Resources Director Sari Maple, SMaple@vfw.org.
Membership and Member Services
- After the first quarter of the membership year, we show increased membership numbers as compared to one year ago, over 5,500 members ahead of last year’s end-of-September benchmark. One of the main factors as compared to last year is increased retention which is necessary to maintain our numbers. If this rate of growth fueled by retention and recruiting keeps up, then we are well on track to meet the 101% membership goal set out by the Commander-in-Chief.
- We are preparing new "Membership Mondays” online training for all members at the Post, District and Department level to make use of. Our goal is to make this live training more accessible to our members who wish to take part, so we are looking at scheduling these webinars in the evenings so that more of our comrades can make use of this opportunity.
- So far this year the National Headquarters has provided support for six Department-level recruiting events, bringing in many new and reinstated members. If your Department is looking to take part in state-level events and would like support or possible reimbursement of costs using the new Membership Outreach Event Grant, have your Department Quartermaster contact the Membership Department at 888.564.6839 or email us at membership@vfw.org.
- If your Posts, Districts or Departments need membership brochures, applications, or supplies to fulfill their recruiting and retention goals, they can be ordered online through our website. Simply log into vfw.org, click on the "Membership Recruiting Brochures Order Form” link, and let us know what you need!
Contact: VFW Membership and Member Services Director David Prohaska, DProhaska@vfw.org.
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