Noteboom The Law Firm

Top Veterans Court Called “Unfair”

July 16, 2010 - The Court of Appeals for Veterans Claims (CAVC) is not only corrupt, but rules in contrast to the law according to a Paul Labbe, a Louisiana veterans' advocate speaking out about the Court's injustices. Labe goes on to claim the CAVC unfairly rejects otherwise valid veterans' disability claims.

In February, U.S. Solicitor General Anthony Yang made an astonishing admission during a Supreme Court hearing. Yang stated the Department of Veterans Affairs (VA) mishandles somewhere between 50-60% of veterans disability cases. Since that admission, Congress has been focusing in on the general issue of rejected disability claims. Chief Justice Roberts was startled by the admission.

As of 2007, the VA takes approximately 6 months to process a disability claim, according to a study; the appeals process takes approximately 2 years. The study suggested it is a very real possibility elderly veterans may die waiting for their claim to be adjudicated because of their age and conditions at the time they file.

Rep. John Adler (D-N.J.) acknowledged the difficulty in negotiating the veterans' claims process without an attorney or if the veteran is suffering a mental disability. Rep. Alcee Hastings (D-Fla) spoke to a specific veteran who lost his pension for 1 year after admitting that an insurance company was paying some of his medical costs after his wheelchair was struck by a car.  

Whether the law punishes veterans for taking insurance settlements, or the court unfairly rejects veterans' claims, something must be done, according to Labbe. With Congress looking into these allegations, hopefully any injustices in the court will be exposed and dealt with.