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.
Category: Veterans' Disability
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