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April 16, 2010 - Senator Arlen Specter is pushing for much needed changes in the disability claims appeal process by attempting to prevent veterans from being penalized after filing their paperwork late due to their service-related disability.
The Fair Access to Veterans Benefits Act or S 3192, was introduced Monday. The bill would force the U.S. Court of Appeals for Veterans' Claims to decide if a veteran suffering from a service-related disability is prevented from meeting their filing deadlines for filing appeals.
Should it pass, and upon a veteran's showing of good cause, the Veterans' Court would be required to excuse a late filing. The passing of this bill would allow hundreds of veterans deserving benefits to finally receive them. Additionally, the bill would not only apply to future appeals, but those appeals that have already been denied for missed filing deadlines. The bill would obligate the Veterans' Court to reinstate dismissed appeals.
Sen. Specter's drive to see these changes derive from a federal appeals court denying a paranoid schizophrenic Korean War Veteran's disability appeal based on him being denied his benefits due to missing the filing deadline by 15 days. Henderson v. Shinseki.
The VA committee, on which Sen. Specter serves as a junior ranking Democrat, is reviewing the bill. The passing of The Fair Access to Veterans Benefits Act will give those veterans deserving of benefits their day in court.
Soldiers can return home with a number of conditions, injuries, and aggravated preexisting conditions. If you believe you have a service-connected physical or psychological injury you may be entitled to Veterans’ Disability Compensation.
At LaVan and Neidenberg, we are determined to secure veterans their rightful disability compensation and disability rating. We wrote this book for you! In it you will find valuable tips on how to navigate the claims process and avoid common pitfalls. Request your FREE copy today!
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