According to The Wall Street Journal (5/7/15), the groups filed the suit in the US Court of Appeals for the Federal Circuit, arguing against a new policy implemented by the VA. That policy requires veterans to fill out formal applications or speak to a VA employee before they begin receiving benefits, rather than giving notice of their injuries. The new policy also puts the onus on the veteran to fix claims if the form is filled out incorrectly.The groups filed the lawsuit arguing that some veterans might be incapable of filling out or accessing the forms due to physical, mental or financial difficulties. In the past, veterans could begin claiming benefits by writing a description of their challenges on a piece of paper submitted to the VA. The VA would then send an official to contact the veteran and help with access to the correct forms. Benefits were paid back to the date of the first paper being submitted, not the date the official forms were submitted.
When it announced the change, the VA said the standardized claims process would help provide faster service to veterans making claims, thereby reducing delays in the system. There are still reportedly more than 150,000 claims that have been pending for at least 125 days in the VA’s benefits system, according to The Wall Street Journal.
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Despite guidelines in the veterans benefits handbook stating responses to queries will be sent within 20 business days, or if not possible, an acknowledgement of the request would be sent within 10 business days, some veterans say they have been waiting more than two years for their requests for documentation. That documentation could enable the plaintiffs to access increased benefits or special compensation for combat duty. But, they cannot access those benefits without seeing their files.
The documentation lawsuit is Ball et al v. US Department of Veterans Affairs, Case No. 1:2015cv00586, in Federal Court.
READER COMMENTS
Antonio Damon Clay
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WILLIAM D. CORDELL
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Michael Ford
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It is bad enough I had to wait 1 year to be denied on my claim because the C&P examiner screwed up my claim and another 3 years for the appeal to be processed. Now that I won my case I still have to wait an untold number of years to file an appeal for the back pay I was supposed to receive and didn’t. I hate it when the VA regional doesn’t have to follow the rules and for this reason the backlog “exists”.
I fought and defended my country from enemies foreign and domestic but the real enemy here is my own government because they allow the VA to be merciless, as they take no prisoners.
robert gary newsham
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Wayne
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Steve Conrad
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The 70% put me at a level for the Individual Unemployability claim I filed. Claims were filed at same time. I understand, from speaking with the call centers, that when they pull your file on computer all of your open claims appear. (And that's the only useful information I have received via call center.) Now the 70% was granted on appeal and never left Roanoke Regional office. The IU claim was decided and denied one (1) week to the day before the 70% was granted.
I received half of the back pay from the increase (guess someone got their bonus that week). I sent notice of disagreement which set in motion another wait of approximately 295 days (it's been over a year now and they still read from the same script). The IU claim was sent on appeal and I received a Form 9. This put into place a wait time of approximately 592 days (again from the call center script). A friend of mine filed appeals and FINALLY received his 90% rating after five (5) years. Not he's waiting another year for back pay so that all of the audits may be performed, yes multiple!
If anyone has any helpful hints on this I would greatly appreciate it.
Anthony Bryant
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Robert Taylor
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W G Simmons
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Karl Wren
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Walt B WWJD
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Lawrence F. Anderson
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ELIZABETH L RUSSELL
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shawn W
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I did suffer knee/shoulder injuries and other problems that added on to my disability
I continue to wait for the VA, they do have my paper work and etc. I hope that I do not have to wait as long as several people that I know of to get their benefits or turned down for lame reasons.
I'd like to join this class action lawsuit
Justin Sterner
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David Williams
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Ernie Capency
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until my Kidney functions returned. During that time I was forced to travel from Bethlehem to Wilks-barre three times a week for dialysis, a total distance of over three thousand miles, an expense the VA never paid me for. During the time I was in the VA hospital they refused to rehab my knee replacement which resulted in less than 50% range of motion.
Another problem was that they sent much more medication than I could possibly use, At one point I had so much Insulin and test strips it would have taken two years to use it all. I notified them by phone and by mail to stop sending any more, but it just keeps coming. I even try returning an unopend box of Insulin and they refused to take it back, I was told to dispose of it. I have a picture of all the medication I had to throw away because it expired. All the while they were still me charging for all this extra medication I could not pay for, they turn it into the IRS and confiscated my wifes money she had coming from a tax refund. During the claim process they send me the same paper work to fill out four time as a stalling ploy to drag out a dicision. I asked for a DRO to review my claim, that never happened, over the past two years my claim was review by three Doctors at the VAMC in Wilks-barre and I was never notified of their findings. The simple truth is that the VAMC crippled me for life and they won't admit to or take responsibility for thier mistakes.
I should be eligible for benefits under 38 USC 1151- Section 1151 Benefits for persons disabled by treatment.