Posts Tagged ‘ Veterans Disability ’

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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Veterans: Understanding Veterans Medical Malpractice

October 19th, 2010. By Kristine B

Anyone who has dealt with Veterans Affairs can tell you that the system can be complex and maddening, much like so many other government-operated systems. Dealing with Veterans Affairs medical malpractice can be an exercise in frustration, for many reasons. Today, Pleading Ignorance aims to shed some light on VA medical malpractice.

First, the lawyer stuff: not every attorney will take medical malpractice claims against the VA. Why? Because when you sue the VA you are suing the federal government, and such a lawsuit has its own special rules and regulations. So, if you feel you have a medical malpractice case against the VA, you have to choose an attorney carefully. (Note, when you fill out a claim form here at LawyersAndSettlements.com, the claim form goes to an attorney who specializes in that area of litigation.)

Now, you might think that only incidents that occur at VA medical centers are covered by VA medical malpractice, but that’s not necessarily true. If you were sent by a VA doctor to an off-base provider, you would still be filing a case against the VA because the medical care was provided off-base pursuant to a VA directive. So, if the VA played a role in your medical care—even if it was to send you to an off-base provider—you might still have a VA medical malpractice claim.

To be eligible, the victim—the person who suffered the medical malpractice—must have been registered with the VA system, received treatment from the VA (or had the VA direct them to off-base treatment) and suffered injury or death because of negligence in the system.

It is not only veterans who fall under the VA directive, however. Any of their dependants Read the rest of this entry »

Tags: medical malpractice, Veterans, Veterans Disability
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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 »