Disability Law Claims Blog

Senators Webb and Akaka Question VA Sec. Shinseki

Ever since VA Sec. Eric Shinseki added three new illnesses to the list of presumptive illnesses tied to Agent Orange exposure, Senators Webb and Akaka have been demanding answers.

Tampa Company Under Investigation For Defrauding Veterans

A Tampa, FL company has been offering to help veterans and their families with negotiating the VA disability claims process. While fully aware it was illegal to do so, this company continued to operate.

Disability Evaluation System May Help Claims Process

The Disability Evaluation System (DES) is a pilot program intended to facilitate the disability claims process by determining eligibility for benefits prior to separating from the service.

VA System Overwhelmed By Backlogged Claims

An unprecedented spike in disability claims being filed over the last 7 years has overburdened an already stressed VA processing system. The system must be overhauled and not just patched.

Report Outlines VA’s Treatment of Gulf War Veterans

A recent report laid out a plan for how the VA plans on handling veterans’ health care needs. The report also made suggestions as to how the VA can improve health care for Gulf War Veterans.

VA Urged To Study TBI Long-Term Care

A recent study by the Institute of Medicine came to the conclusion the VA and the DoD needed to begin addressing treating veterans suffering from Traumatic Brain Injuries over the long term.

Former Marine’s Cancer Linked to Camp Lejeune

The VA has linked a veteran’s cancer to polluted drinking water caused by a fuel spill at Camp Lejeune. The ruling may very well pave the way for other afflicted veterans to have their disability claims approved.

VA Automating Agent Orange Disability Claims

The VA is facing a huge backlog in disability claims and before the system collapses on itself, they will attempt to automate the processing of the hundreds of thousands of expected claims to hit the VA over the next two years.

Veterans in ECA Initiative Forced To Waive Rights

The Expedited Claims Adjudication (ECA) Initiative wants you to believe that quicker is better. The ECA promises fast results for anyone choosing to participate in the program. If you want these faster results, all you need to do is sign away your due process rights.

The ECA Controls Veterans’ Disability Claims Appeals’ Hearings

The ECA initiative places many more restrictions on veteran’s substantive appeals hearing than would be present during the normal VA processing of a disability claim. Participating in the ECA requires you to limit your due process rights.

VVA/VMW lawsuit against Department of Veterans Affairs - update

Last month we posted a news article on our website (Suit Asks VA to Expedite Benefits Claims Handling - 11/12/2008) that outlined a lawsuit the Vietnam Veterans of America and Veterans of Modern Warfare (VVA and VMW) brought against the Department of Veterans Affairs over the unacceptable delays in veterans disability claims.

The lawsuit demands that the VA provide veterans with an initial decision on their claim for disability compensation within 90 days of filing their application and resolve appeals within 180 days of requesting one, and seeks interim benefits if the VA delays go beyond said timeline.

On December 4, the government responded to this lawsuit arguing that timely VA decisions are the responsibility of the legislative branch, not the judiciary. 

"Plaintiffs' public policy grievances may or may not be well-taken, but that is a question for the representative branches of government, not this Court," the government's motion says. While these motions to dismiss are pretty common, the nature of the lawsuit is not.

The VVA and its designated legacy group, the VMW – made up of veterans of the 1991 Persian Gulf War to present – took the unusual action out of long-standing frustrations voiced by a growing number of veterans, saying it often takes years, sometimes a decade, to settle a claim for a physical or mental disability, or both.

You can continue to stay abreast of this lawsuit by logging on to the VVA and VMW website.

Next steps:

-December 11, a VVA/VMW will provide a written response to the government's motion to dismiss
-December 17, a hearing is set to take place in Washington, D.C.