For 2 years, many World War II Filipino veterans have been attempting to collect benefit payments from the Department of Veterans Affairs (VA) they feel they are owed given their service to this country.
According to U.S. District Judge Saundra Brown Armstrong, neither those veterans nor their widows can collect VA benefits because they are not able to prove they actually served with U.S. forces.
President Obama signed the American Recovery and Reinvestment Act into law in February of 2009.
That law provided one-time $15,000 payments for Filipino veterans who are U.S. Citizens and $9,000 for non-citizens. Widows were made eligible for the benefit if the veteran dies after applying.
The VA will not make payments to certain veterans who have made applications.
The VA claims the Filipinos' record of service could not be verified by the National Personnel Records Center.
Instead of appealing the VA's denial, a group of Filipino veterans-along with widows not able to collect the benefits because their husbands died prior to President Obama enacting the fund-sued in October 2010.
Their suit sought an injunction claiming a due process violation by the VA because they were relying on records damaged in a fire in 1973. Further, they alleged discrimination because citizens were given more benefits than non-citizens, thereby violating the Equal Protection Clause.
Judge Armstrong, however, ruled the VA has sovereign immunity and VA decisions may not be appealed to the Federal Circuit save for "limited circumstances." Additionally, Judge Armstrong found the plaintiffs failed to show how the VA treated them any differently from other plaintiffs as the VA relied solely on military records to prove their service.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veterans disability rights firm today
- 1-888-234-5758.
Category: Veterans' Disability
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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.