The VA pays out about $63.7 billion a year in disability compensation claims to about 4.1 million veterans. For those who have been through the claims process, they know that getting that award can take years. Why? There are several reasons a GAO1 study found:
- The VA simply doesn’t have enough staff to keep up with the increased rate of a pending appeals.
- The VA has an inefficient process. When a veteran submits new evidence, this causes an additional round of reviews which delays the appeals process.
- The VA doesn’t have modern technology to support the appeals process. It can not adequately support electronic claims processing.
On July 21, 2016 attorneys filed an unusual pro bono suit to try to force the VA to speed up decisions on veterans’ disability claims, claiming the lengthy delays are unconstitutional and violate the veterans’ due process.
The suit claims that, on average, it takes 1,448 days from when the VA denies a veteran’s disability claim to when the Board of Veterans Appeals rules on the appeal. Thousands of veterans die before their appeals are decided.
John Chandler and Beth Tanis, who are married and with the law firm King & Spalding in Atlanta, have taken on the litigation through the American College of Trial Lawyers, where both are fellows. The group’s president connected them with Stephen Raber at Williams & Connelly in Washington, who has recruited more of his firm’s attorneys to help. A number of the attorneys are veterans who take a personal interest in trying to correct the VA’s delays. So far, they have filed petitions for 17 veterans and their survivors, and will be filing more as additional veterans and their families come forward to participate.
Legislation to address the cumbersome appeals process is pending in Congress, but the attorneys are not waiting for a deadlocked Congress to act. They filed a “petition for mandamus” with the Court of Appeals for Veterans Claims, which has exclusive jurisdiction to consider these kinds of delays. If there are statutes or regulations that are in the way of resolving these appeals more quickly, the court can declare them unconstitutional and order the VA to expedite appeals for veterans whose disability claims are denied.
Under the current process, a veteran must file a Notice of Disagreement to dispute a denied benefits claim. The VA then prepares a Statement of Case that explains why it was denied. On average, this takes 419 days. If unsatisfied, the veteran can file a Notice of Appeal with a regional office, which prepares a two-page Certification of Appeal. This takes an average of 537 days. The regional office files that document and the Statement of Case with the Board of Veterans Appeals. This takes, on average, another 222 days. It takes the Board almost another year to make its decision, making the entire appeal process about 1,448 days—almost four years. In the end, only about 19% of the denied claims are upheld, about 31% are reversed, and about 45% are sent back to the VA for more review.
The VA has been widely criticized for a growing backlog of benefits appeals. At the same time, a record number of veterans from wars in Iraq, Afghanistan and Vietnam are filing for disability benefits, and the number is expected to increase as more veterans return from deployments in the Middle East.
On August 1, 2017, Congress approved a bill to address the VA disability claims process. The bill would reduce the time is takes for the VA to handle disability appeals. However, the changes proposed in the bill would mostly apply to newly filed appeals and would not address the approximately 470,000 pending appeals.
If you would like further information or assistance on applying for the VA Improved Pension (Aid & Attendance), please contact visit my website abonelaw.com and download my ebook of Veteran’s Benefits. You may also contact Euless, Texas Estate Planning and VA Certified Attorney, Antoinette Bone, at (817) 462-5454 or email firstname.lastname@example.org.
To comply with the U.S. Treasury regulations, we must inform you that (i) any U.S. federal tax advice contained in this newsletter was not intended or written to be used, and cannot be used, by any person for the purpose of avoiding U.S. federal tax penalties that may be imposed on such person and (ii) each taxpayer should seek advice from their tax advisor based on the taxpayer’s particular circumstances.
Nothing in this message is intended to provide legal advice. This message is for educational purposes only.