It Takes Too Long

Jim Fausone
Veterans Disability Lawyer

We talk to hundreds of veterans a month about their VA disability claim status.  Many people want to know why it takes so long and when will their case be decided.  Well it is not getting any better based on a recent VA report.  The delays in processing went up 40% in 2012.  In fiscal 2012, the average days to complete a VA disability compensation or pension claim rose to 262 days, up from 188 days in fiscal 2011, according to a recently completely VA performance report. During that same period VA hired more staff and poured resources into training. The department has seen a massive increase in claims from veterans in recent years, both younger ones from Iraq and Afghanistan and older ones who have recently been able to file claims on new conditions. Claims the past four years have topped 1 million a year.  We do not expect that 2013 will be any better.  We advise patience and persistence with dealing with VA.

http://www.stripes.com/news/veterans/va-claims-processing-delays-hit-highest-level-in-20-years-1.198825

Guard & Reserve Denials

Jim Fausone

Veteran Disability Lawyer

In order to receive VA disability compensation, you have to prove a service connected disability.  The disability has to occur on active duty as compared to monthly training in which National Guard and Reserve have traditionally participated.  But since 9/11 the Guard and Reserve components have made up about 40% of the active duty assignments both here and abroad. 

It is not clear that VA understands the way that DOD utilizes these components today. New data obtained by Veterans for Common Sense under the Freedom of Information Act shows the denial rate for claims filed by reserve component combat veterans is 4 times higher than for post-9/11 combat veterans who were active-duty members. 

Guard and Reserve troops tend to be older and have less years of service than active troops. These facts may make proving claims more difficult.  This discrepancy has come to light and we hope the VA and National Guard leadership work to eliminate this disparity.

http://www.militarytimes.com/news/2012/10/military-reserves-va-disability-compensation-102312w/