Showing posts with label veteran disability claims. Show all posts
Showing posts with label veteran disability claims. Show all posts

Wednesday, September 11, 2013

Veterans Disability Attorney Comments on Shrinking Disability Benefits Backlog

In an address to disabled veterans, President Obama announced that the backlog of disability claims was shrinking. At the Disabled American Veterans annual meeting earlier this year, Obama stated that the backlog of disability benefits claims had shrink by as much as 20 percent in the past five months. But, he conceded, a new wave of claims was coming in to the Veterans Administration. Some of those claims are from service members who served in Vietnam and are looking for care for ailments they believe stem from their decades-past exposure to Agent Orange, as well as veterans most recently returned from Iraq and Afghanistan with traumatic brain injuries, post-traumatic stress disorder and physical injuries.
"Any efforts to decrease the extensive backlog of disability claims are greatly needed and appreciated," commented James Fausone, a veterans disability attorney. "Many of the service members who have filed disability claims have been waiting for a shockingly long time just to get their claims processed, much less disbursed."
The White House is committed to boosting the amount of spending available for vet services to attend to their education and job prospects as well as the physical and mental health and homeless issues so many vets face, Obama said. There is also a push to better support additional hiring of vets at the Department of Veterans Affairs, and increase overtime pay to clear up the backlog of claims.
According to the VA, 64 percent of claims still pending are supplemental claims filed by vets asking for additional benefits. Though the sequestration cuts took effect in March 2013, veteran spending was exempted, allowing funding to go to decreasing the countless disability benefits currently backlogged at the VA.  Obama stated that Congress needed to work together to reduce the deficit and to keep the promises of support ad benefits to veterans.   
Though World War I's last U.S. veteran died more than two years ago, Obama said to the 34,000 attendees, survivor benefits are still going to the descendants of the men who fought then, and in the Spanish-American War. Benefits are even going to a Civil War veteran's daughter. Benefits will also be going to the descendants of this wave of service people. 
Source

Tuesday, May 29, 2012

Shocking Error Rate at California VA

Jim Fausone
Veteran Disability Lawyer


With the dust still settling from the shocking numbers of the VA backlog, a review of California’s three regional VA offices sheds light on a new issue; the alarmingly high error rate.  The Oakland, San Diego, and Los Angeles VARO’s were recently reviewed for their efficiency, accountability, and accuracy when handling vets’ disability claims….the results were deplorable.

If you filed a disability claim in Oakland, you’d have a 39% chance of it being done incorrectly and having to start the process all over again. This error rate grows to 53% if the claim deals with temporary total disability evaluations in Oakland, and stays around 50% if the claim involves residual traumatic brain injury.

The San Diego and Los Angeles offices didn’t fare any better. Los Angeles was found to have a 97% error rate when dealing with temporary total disability evaluations, San Diego - 77%, numbers that are simply inexcusable. Furthermore, both San Diego and Los Angeles processed about half of all residual traumatic brain injury claims incorrectly.

In response to the review, California’s senators and representatives are demanding answers. The inefficiencies need to be explained, as well as the severe lack of accountability on behalf of the VARO’s staff.

VA Secretary Eric Shinseki believes these inefficiencies are a result of terrible management and a lack of staff understanding the applicable rules and regulations. Whether he is right or not, when looking at error rates in the 70th and 90th percentiles, any change is a good change.  

To learn more or see the original article, please visit: http://www.mercurynews.com/news/ci_20648338/states-dc-delegation-demands-answers-from-va-concerning

If you need help with your VA disability claim, contact us at (800) 693-4800.

Wednesday, January 4, 2012

Undiagnosed Illness by VA

Jim Fausone
Veteran Disability Lawyer

When you are sick and no one knows why it is frustrating. If you are a veteran and believe that the undiagnosed illness is service related the frustration is heightened by VA's refusal to grant disability compensation.

Veterans of the Persian Gulf War with undiagnosed illnesses have an additional five years to qualify for benefits from the VA. “Not all the wounds of war are fully understood,” said Secretary of Veterans Affairs Eric K. Shinseki. “When there is uncertainty about the connection between a medical problem and military service, Veterans are entitled to the benefit of the doubt.” A recent change in VA regulations affects Veterans of the conflict in Southwest Asia. Many have attributed a range of undiagnosed or poorly understood medical problems to their military services. Chemical weapons, environmental hazards and vaccinations are among the possible causes. At issue is the eligibility of Veterans to claim VA disability compensation based upon those undiagnosed illnesses, and the ability of survivors to qualify for VA’s Dependency and Indemnity Compensation.

Under long-standing VA rules, any undiagnosed illnesses used to establish eligibility for VA benefits must become apparent by Dec. 31, 2011. The new change pushes the date back to Dec. 31, 2016.
http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2239

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Monday, December 5, 2011

Ancestry.com Helps Veterans

By Jim Fausone
Veterans Disability Lawyer

As a national firm helping veterans with disability claims, we use a lot of different tools to fill in the facts on fuzzy memories. Often the veterans need buddy statements from guys they simply recall by first name "Bruce" or nickname "Curly", "Lefty" or "Hoosier". We check unit records and other service records and help the veteran jog their memory so than can find that long-lost friend or that unlucky soul that died in the attack. It is with that experience in mind that an article about Ancestry.com caught our attention. You know Ancestry as the web based company that helps people doing genealogy.

The Provo, Utah, based website has been adding historical records to its site for the past 15 years, accumulating more than 7 billion records. It normally charges a monthly fee to its users but until December 7, 2011 it is free. Of particular interest for those searching veterans' records are the World War II Navy Muster Rolls, which include 33 million quarterly reports filed from 1939-49, detailing the location, rank and other information about nearly all enlisted personnel who served aboard ships during those years. Previously unreleased draft cards, cemetery records, photos, and information about various ships are also available.

You can read more at http://www.stripes.com/news/us/website-makes-wwii-records-available-for-free-through-dec-7-1.162316

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Tuesday, September 6, 2011

More Ships Added to List of Brown Water Exposure

by Kristina Derro
Veteran Disability Lawyer

The VA has updated the list of U.S. Navy and Coast Guard ships that have operated on Vietnam’s inland waterways, docked on shore, or had crewmembers sent ashore. The veterans who served on these ships during the time frame in question will be considered to have presumptive exposure to Agent Orange, allowing them to receive disability compensation for the 14 medical conditions associated with exposure to the herbicide.

Veterans who want to know if one of the ships that they served on made the list can visit www.publichealth.va.gov/exposures/agentorange to view the exhaustive list. If veterans do not have access to the internet, they can contact VA’s Special Issues Helpline at 1-800-749-8387 and press 3 to receive a list of the ships.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Monday, August 29, 2011

Social Security Disability

by Kristina Derro
Veteran Disability Lawyer

For those individuals who think that only the VA system is backlogged, recent findings indicate that Social Security’s disability program is almost as bad. This is extremely disheartening, since most individuals who qualify for VA service-connected benefits will also qualify for Social Security disability benefits. And, in fact, most usually receive Social Security disability benefits first and use it to provide themselves with meager support as they wait years for their VA benefits to be adjudicated.

Applications for Social Security’s disability program are up nearly 50 percent over a decade ago. With the U.S. economy losing nearly 7 million jobs in recent years, individuals with disabilities who lose their jobs have been unable to find new ones. As a result, the rush for benefits is adding to a growing backlog of applicants. Most individuals wait two years or more until their cases are resolved.

Also compounding the problem is the fact that the program is being hit by an aging population; obviously disability rates rise as a population ages. This is especially troubling given that new Congressional estimates say that the trust fund which finances Social Security disability will run out of money by 2017, leaving the program unable to pay benefits unless Congress acts.

Right now Congress is targeting overpayments, where people continue to get paid despite getting a job and no longer qualifying for the program. Last year alone, Social Security found that the overpayment amounted to $1.4 billion. In the deficit reduction package enacted this month, Congress boosted Social Security’s budget by about $4 billion over the next decade to invest in programs that identify people who no longer qualify for the disability benefits. It is estimated that the increased enforcement would save nearly $12 billion over the next decade.

Needless to say, the crush of applicants has impacted the legitimate applicants who often have to wait years to receive benefits. About 2/3 of initial applications are rejected, and an appeals process can take two years or more.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Monday, August 15, 2011

Attack on AO Expansion

Attack on AO Expansion
by Jim Fausone
Veteran Disability Lawyer

Most veterans know that the expansion of the Agent Orange (AO) presumptions last year were long over due. But some in Congress question that decision and its costs. Certain Senators argue the Agent Orange Act of 1991 is flawed, providing too much authority to the VA secretary and allowing compensation awards based on a mere "association" between a disease and herbicide exposure rather than evidence that exposure "caused" the ailments. This debate is about how much authority should the Secretary of the VA have to create new presumptions.

As an attorney who practices in this field, I know that without presumptions most veterans would not be able to prove the medical case for obtaining compensation. They do not have the money to pay for medical opinions or the testing and research that would be necessary. Keep an eye on the Senate as this issue is debated.

http://www.montgomeryadvertiser.com/article/20110814/NEWS02/108140325/New-Agent-Orange-claims-surpass-84-000

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Tuesday, June 21, 2011

How Long Does it Take? A Problem to Avoid.

by Jim Fausone
Veteran Disability Lawyer

The most frequent question we get is “How long will it take VA to make a decision?” My nephew, who just returned from Afghanistan, asked me this at a Father's Day brunch last weekend.

As of May 31, more than 800,000 disability claims are pending across the country, according to a House VA Committee news release. Of those, more than 60 percent have been pending for more than 125 days and could increase to 230 days by next year. As a rule of thumb, we tell people the initial claim may take a year – and each step in the appeal process thereafter will take a year. So you can’t give up just because it will take so long.

One problem that the passage of time creates is change in veteran contact information. You must make sure that VA, and your representative – lawyer or claims agent - has your current contact information. If you change your address or telephone number or email address – you must let them know. If VA sends notices to an old street address that you did not change, that is your problem. If VA sends a notice of a C&P exam to an old address, you will miss the exam and your claim maybe denied. It seems simple but it is important to update your contact information at VA.gov anytime it changes. You will use VA Form 20-572. You can find it at the link below.

http://www.vba.va.gov/pubs/forms/VBA-20-572-ARE.pdf

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Tuesday, May 17, 2011

Ninth Circuit Rips Apart VA Over Mental Health Care

by Kristina Derro
Veterans Disability Lawyer

The United States Court of Appeals for the Ninth Circuit unleashed its fury on the VA last week in a decision where the judges ruled that the “unchecked incompetence” by the VA had led to poor mental health care and slow processing of disability claims for veterans. Two nonprofit organizations, Veterans United for Truth and Veterans for Common Sense, filed a lawsuit seeking to force VA to make changes to the way it treats veterans with mental health disabilities and handles compensation claims.

The Ninth Circuit agreed with the plaintiffs’ case that the VA must put mental health initiatives into effect throughout the entire system and change the way it adjudicates disability compensation claims in its various regional offices. The Court cited to statistics that it often takes weeks for a suicidal veteran to get a first appointment at a VA and that it often takes VA an average of four years to fully provide the mental health benefits owed to veterans.

During the trial, emails between high-ranking VA officials were entered into evidence, revealing that VA was aware of the high suicide rates among veterans and that it harbored a desire to keep quiet the number of veterans under its care who attempt suicide. The Ninth Circuit opinion stated that “[n]o more veterans should be compelled to agonize or perish while the government fails to perform its obligation”. The Court found that there were no suicide prevention officers at any of the VA’s 800 community-based outpatient clinics, the screening for suicide by the VA was not rigorous, and that 70% of VA medical centers did not have systems to track potentially suicidal veterans.

The Ninth Circuit also wrote a scathing opinion regarding the way VA handled disability compensation claims. The opinion noted that the processing of an initial claim usually took longer than the 120-day goal set by the VA itself, and that regional offices take more than a year to certify appealed claims which the Court found was “a merely ministerial act”. The Court found that no official with VA “was able to provide the court with a sufficient justification for the delays”.


To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Monday, April 18, 2011

Backlog Excuses Rise

by Jim Fausone
Veteran Disability Lawyer

When VA recognized additional presumptive disabilities, you could expect an increase in claims. So the VA added 3,000 claims processors last year, for a total of 14,000.

Nevertheless, the number of veterans' initial disability claims taking more than four months to complete has doubled. The number of claims that take more than 125 days to decide has gone from 200,000 a year ago to 450,000 today. This does not count the half million or so claims on appeal after an initial decision.

So, what are the excuses? The VA says the delays are due in part to (1) a generation of Iraq and Afghanistan veterans with more complex claims, (2) the expanded compensation for Agent Orange-related illnesses and (3) the poor economy. Nobody doubts the reasons, but action, not excuses,is what is needed by the VA brass.

http://www.usatoday.com/news/military/2011-04-07-1Abacklog07_ST_N.htm

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Monday, January 17, 2011

More Depression than PTSD

by Jim Fausone
Veteran Disability Attorney

Once again showing the differences between men and women in combat, VA recently reported that women appear more susceptible to depression than PTSD. The study looked at 246,976 veterans who served in Iraq and Afghanistan and 246,080 who served elsewhere.

Among those who served in Iraq and Afghanistan, about 12 percent of active female veterans and about 16 percent of reserve unit female veterans were diagnosed with PTSD, compared to about 17 percent of active and reserve male veterans. About 23 percent of active female veterans and 19 percent of reserve unit female veterans were diagnosed with depression, compared to 14 percent of active men and 12 percent of reserve unit men.

Women were denied PTSD claims more often than men, while men were denied claims for other mental health conditions more often than women. Veteran advocates need to keep these kind of differences in mind when advancing disability claims.

http://www.dailypress.com/health/dp-nws-va-women-20110109,0,7486960.story


To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com