VA Benefits: Veterans Fight for Their Rights

Bakersfield, CAFor veterans who come home following service, obtaining veteran benefits through Veterans Affairs (VA) can be another long battle. Although VA benefits are intended to help those who fought to protect this country, many disabled veterans say they have encountered denial after denial for their veterans claims.

Bakersfield Now (12/01/10) reports the story of Bill Quinlan, a 93-year-old veteran who has been denied medical benefits because of an accident that was not his fault. According to the report, a fire at a building in St. Louis destroyed all records that prove Quinlan's military service and his honorable discharge from the Navy.

Although Quinlan has some certificates that say "honorable discharge" on them, the VA does not accept those certificates as proof of his service. That leaves Quinlan and others whose records were lost in the fire at risk of not receiving their medical benefits through the VA.

Meanwhile, USA Today (12/03/10) reports that the Supreme Court will hear a case regarding VA claims deadlines. At issue is whether veterans should be barred from appealing claims denials if they miss the 120-day time limit for judicial review. Under the current system, once the VA has denied a claim, the veteran has 120 days to appeal that denial.

The problem is that some veterans are hospitalized for more than 120 days and may not even know that their claim has been denied, making it impossible to file the appeal within the 120-day deadline. Furthermore, some veterans may suffer from conditions such as post-traumatic stress that could cause them to miss the deadline to appeal a denial of their claims.

Congress has now been asked to extend the 120-day deadline by an additional 120 days in exceptional cases.

Currently, judges are not able to extend deadlines set by Congress. A US appeals court recently ruled that Korean War veteran David Henderson could not appeal the denial of his benefits. Henderson, who was diagnosed with paranoid schizophrenia, missed the 120-day deadline for filing an appeal by 15 days because he was bed-ridden due to his condition.

Although Henderson died on October 24, 2010, his wife has taken over his case, which will now be heard by the Supreme Court.