Posts Tagged ‘ Veterans Benefits ’

Understanding the 120-Day Deadline for VA Claim Appeals

December 15th, 2010. By Kristine B

It’s a lawsuit that could have huge implications for US veterans trying to claim veterans’ benefits: A lawsuit being heard by the Supreme Court asks the justices to rule that lower-court judges can be lenient in extending the 120-day deadline for filing appeals regarding denied claims. Although the issue might seem open and shut to some of us—let’s just do the right thing for our veterans, already—lawyers for the VA say Congress didn’t allow for judges to be flexible with the deadline. This week, Pleading Ignorance looks at the deadline issue and asks when our veterans will be treated fairly. 

So, here’s the issue in a nutshell. A veteran files a claim with the VA and that claim is denied. The veteran then has 120 days to file an appeal of the denial. If he misses the 120-day deadline, he’s out of luck. His appeal won’t be heard. Okay, I know what you’re thinking: a deadline is a deadline. Don’t miss the deadline and you’re fine.

But the problem is this: veterans file claims because of health problems. Let’s say the veteran has been badly injured and is in the hospital for nine months, with no one to help him through the claims process. How is he supposed to file the claim from the hospital when there’s a chance he might not even know the claim was denied? How is he supposed to take care of the paperwork from his hospital bed? 

Or, what about veterans who deal with issues such as post-traumatic stress disorder (PTSD) or other psychological problems that impair their ability to understand the deadlines or the paperwork involved? The very condition that requires them to file a claim could be what stops them from being able to submit an appeal after a denied claim. 

Look, I’m not saying we should give them 10 years to file appeals. But for crying out loud, they served our country—probably for a lot longer than 120 days. Is there no way we can be flexible in dealing with veterans who have health problems that prevent them from filing an appeal in 120 days? 

The case before the Supreme Court is a perfect example of the unfairness of the system. David Henderson was a Korean War veteran who was diagnosed with paranoid schizophrenia and Read the rest of this entry »

Tags: VA, Veterans Benefits, Veterans Disability
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VA Claim Denied? Attorney Ben Stewart Gives Advice

October 13th, 2010. By Kristine B

Just about anyone who’s a veteran has had a Veterans Affairs claim at some point in his or her life. Those who haven’t filed a claim likely will at some point in the future. And yet, despite the claims process being somewhat simple, the appeals process can be complex, and if your claim is denied, it’s good to know what rights you have. 

Today, Pleading Ignorance looks at how to file a VA Claim—and what to do if it gets denied. We asked attorney Ben Stewart of Stewart Law, P.L.L.C. for some pointers.

So, to start, let’s assume you’ve filed your VA claim. Once you’ve filed that paperwork, the VA will make a decision about what benefits will be provided to you, if any. So far, so good. 

What to do if the VA Denies your Claim

But, if the VA denies all or part of your claim, you have options—three in fact:

1. Reapply for benefits

2. Request a review of the decision

3. File an appeal 

While you can try to reapply for benefits or request a review of the VA’s initial decision on your claim, you may have more success if you file an appeal. If you appeal the decision you may want to have a lawyer help you. This is because a lawyer who is experienced in veteran claims will know the applicable regulation that can be used to overcome a denial. The lawyer can also represent you in a hearing before the VA appeals board. 

Making things complex is that laws concerning veterans’ benefits are constantly changing. Some of those changes are retroactive and some are only applicable from the date they are put in place. With retroactive changes, you may have previously been denied benefits for a specific condition but can now reapply and receive back benefits from the date of your previously denied claim. 

When the changes are only applicable from the date they are put in place, it doesn’t matter if you previously met the new requirements for benefits, you won’t receive back benefits. But, you may still be eligible to start receiving benefits from the point the regulation was changed going forward. 

For example, the VA has recently relaxed the rule for establishing claims of veterans post-traumatic stress disorder (PTSD). The move makes it easier for veterans to prove they have a disability due to service-related stressors. Veterans who did not qualify for PTSD benefits before, or who were denied benefits under previous rules, may now qualify. But, they will not receive benefits retroactive to their first claim. Rather, they will receive benefits starting from the date of the application filed after the rule change. 

Furthermore, some changes in benefits related to Agent Orange use in Vietnam will be retroactive to the filing date, meaning veterans should file their claims as soon as possible. 

“File now,” says Ben Stewart, attorney at Stewart Law, P.L.L.C. “Even if your claim is denied, you can start the claims period. That way, if it is accepted later, your benefits will go back to the original date when the claims were denied.” 

New medical conditions added to the list of those linked to Agent Orange include heart disease, Parkinson’s disease and B-cell leukemia. 

“There are new regulations all the time, that’s why veterans should consider a veteran’s benefits attorney who has been tracking changes in the law and advocating for veterans,” Stewart says. 

J. Benton Stewart II, attorney at Stewart Law, P.L.L.C., is an experienced prosecutor, municipal magistrate and civil trial lawyer. Stewart Law specializes in the following areas of practice: Professional Negligence, Legal Malpractice, Securities Litigation, Class Action Litigation, Products Liability, Personal Injury and Wrongful Death.

Tags: Agent Orange, Ben Stewart, Pleading Ignorance, VA Benefits, VA Claim, Veterans, Veterans Benefits, Veterans PTSD
Posted in Pleading Ignorance, Veterans | 6 Comments »

Burn Pits: VA Needs to Reflect Soldiers’ Commitment and Sacrifice

September 20th, 2010. By Hunter West

Signing up for military service—in other words, putting your life as you know it on hold for the benefit of your country—should not be met with questions, stonewalling, or delays from the US Department of Veterans Affairs (the VA) when you come back from some god-forsaken sector of the world half the man you used to be.

The VA should kiss the ground you walk on—that is, if you can even walk at all.

Tim Wymore can barely walk. He can do so only with a cane. He can barely stand. Of course, he can’t work. Worse, it seems he can’t look after himself, either. His wife has had to put her career on hold, and suffer the loss of her income (a loss felt by the entire family of five) in order to care for her husband.

Yes, Wymore gets VA disability benefits. But he doesn’t get the full measure of his due. That’s because, incredibly, the VA does not consider his disability permanent. In fact, the VA, according to an article at stltoday.com, thinks Wymore’s condition “may improve”. The obvious question is that if his condition “may” improve, then isn’t it reasonable to think it also “may not”?

So even though the man cannot work, can barely stand, can only walk with a cane and is 44 years old, the VA is withholding benefits that would ensure his family would be looked after once Wymore is gone.

For the Wymores, that sad day is not an ‘if’, but a ‘when.’ And they worry that the ‘when’ is Read the rest of this entry »

Tags: burn pit, burn pit lawsuit, Iraq, VA, Veterans, Veterans Benefits
Posted in Veterans | 1 Comment »

Grassley ticked at Backlog of Veterans Claims

March 17th, 2010. By AbiK

Yesterday, Senator Grassley fired off a letter to Eric Shinseki—Secretary of Veterans Affairs—sharing his outrage at the number of veterans benefits claims that have gone to appeal and have been unjustifiably denied. According to figures presented in a recent case before the Supreme Court, Astrue v. Ratliff, between 50 to 70 percent of veterans benefits appeals fall into what Grassley refers to in his letter as “not just wrong but unjustified” denials.

Words like “startling”, “dysfunctional”, “cause for concern”, and “alarming” in Grassley’s letter convey the extent to which he—and Chief Justice Roberts who presided over arguments in the Supreme Court case—feel the backlog on vet disability claims is severe, growing and unacceptable.

Grassley is seeking answers to the following questions in an effort to improve the quality of Veterans Administration (VA) claims decisions and to reduce the number of unnecessary appeals:

1. What is the accurate percentage of veterans claims appeals in federal court where the government’s position is found to be unjustified?

2. What is the VA doing to improve the quality of VA claims decisions and reduce unnecessary appeals?

3. What is the total amount of attorney’s fees paid by the VA under the Equal Access to Justice Act for each of the past 5 years?

4. What is the source of the funds for attorney’s fees paid by the VA and were funds diverted from another part of the VA budget to pay these costs?

And he’s looking for those answers by March 26th. Stay tuned.

Tags: Denied Disability, VA, Veterans, Veterans Benefits, Veterans Disability, Vets
Posted in Veterans | 1 Comment »