The Vietnam Veterans of America and Veterans of Modern Warfare file a lawsuit in U.S. District Court in Washington today against the Department of Veterans Affairs in hopes of requiring the VA to provide 90-day initial rulings on disability benefits disability benefits within 90 days and 180-day appeal resolutions. Together, the Vietnam Veterans of America and Veterans of Modern Warfare groups represent about 60,000 veterans.
The President of the Vietnam Veterans of America says delayed claims give the impression the nation does not respect veterans. Currently, initial claims decision wait times average about six months, while appeals can take up to four years to be resolved. The VA is currently handling 600,000 pending claims.
In addition to time limits on claim decisions, the veteran’s groups seek interim benefits for veterans whose claims cannot be decided within the 90/180 day limits of about $356 monthly for a single veteran without dependents. Lisette Mondello, Assistant Secretary for Public and Intergovernmental Affairs says, “The Department of Justice handles litigation issues in the U.S. District Court for the VA… the VA has made considerable improvements in claims adjudication and continues to do so. It is a key priority for the VA."
The President of the Vietnam Veterans of America says delayed claims give the impression the nation does not respect veterans. Currently, initial claims decision wait times average about six months, while appeals can take up to four years to be resolved. The VA is currently handling 600,000 pending claims.
In addition to time limits on claim decisions, the veteran’s groups seek interim benefits for veterans whose claims cannot be decided within the 90/180 day limits of about $356 monthly for a single veteran without dependents. Lisette Mondello, Assistant Secretary for Public and Intergovernmental Affairs says, “The Department of Justice handles litigation issues in the U.S. District Court for the VA… the VA has made considerable improvements in claims adjudication and continues to do so. It is a key priority for the VA."
SOURCES:
Veterans' Groups Sue for Faster Disability Rulings
http://edition.cnn.com/2008/US/11/10/veterans.lawsuit/
Veterans Groups Sue Bush Administration Over Delayed Benefits Claims
http://www.usnews.com/articles/news/national/2008/11/10/veterans-groups-sue-bush-administration-over-delayed-benefits-claims.html
Suit Asks VA to Expedite Benefit Claims Handling
http://www.washingtonpost.com/wp-dyn/content/article/2008/11/10/AR2008111003181.html
Veterans' Groups Sue for Faster Disability Rulings
http://edition.cnn.com/2008/US/11/10/veterans.lawsuit/
Veterans Groups Sue Bush Administration Over Delayed Benefits Claims
http://www.usnews.com/articles/news/national/2008/11/10/veterans-groups-sue-bush-administration-over-delayed-benefits-claims.html
Suit Asks VA to Expedite Benefit Claims Handling
http://www.washingtonpost.com/wp-dyn/content/article/2008/11/10/AR2008111003181.html
44 comments:
Lawsuits are a means to try and make government more responsive. The intention is good, but results are measured in terms of years as the litigation plods through the court system. The defendant, in this case the Justice Department ususally does all it can to dismiss or delay the suit. Should it be eventually heard and assume the plaintiffs win. Standard practice would be for Justice to appeal. If the plaintifs prevail again, then the case would be appealed to the U.S. Supreme Court. This process takes years. So hopfully the back log of cases can be dealt with by congressional action in terms of funding for staff to handle the claims and legislation that would simplify the process. Russell A 11 of 12
I don't believe what the VA is doing to the veterans is right. Every person that served in a war for this country is entitled to his disability privilages. To make a person wait on his or her check is just outrageous. The court is going to do all it can to stall and delay the ruling of the decision so that its attorneys may have a chance to actually find a way to win. Thats not right. Give the veterans what they deserve. They fought for that right and deserve every last penny of it. Arturo D
I am so glad to see more action on this issue! As a "disabled vet" who got my rating within 3 months easy-as-pie, it frustrates me when I see OIF/OEF (Iraq/Afghanistan) veterans waiting for years to get a disability rating, or a higher rating on appeal. The VA claims system is overloaded with separating veterans and what used to take too long, now takes an eternity. This lawsuit, may give the VA the motivation to speed up the process by beefing up the claims department with more personnel and shortening the individual claim process time.
One side note:
"interim benefits...$356 monthly for a single veteran without dependents" That will pay for gas, and some Ramen soup. Wohoo!<- sarcasm
I think that this lawsuit is a good idea. There are so many disabled veterans out there who gave their lives to fight for us and they aren't getting the treatment they deserve years later. My grandpa is a veteran and although he is not disabled from war, many of his friends were/are. This is something that he mentions alot and doesn't like. Not only are disabled veterans not getting there benefits, veterans in general are not recieving what was promised to them. This is something that needs to be brought to more attention, however it is sad that changes will not be made for years.
Sabrina D.
I can appreciate Rusell's point of view. It may take years for a lawsuit to make its way through the justice system. There are other reasons to file lawsuits besides getting money or injunctive relief. If this suit shames the congress into appropriating more money to speed up the system, it will have served its purpose
Davidw
Why should an application for a disability pension take so long? Veterans put their life on line with the understanding that if they became disabled they would have help from the VA. This promise is being broken, just like the promise for prompt consideration of SSDI payment is too.
Veterans do not usually file for disability before they are disabled, before they need the money, When they file they are usually in dire need. Why should they become destitute, and dependent on family or friends because Uncle Sam is not willing to invest in having a swift consideration of their claims?
When they served, the military knew how many people served. They probably did studies to figure how many would later require disability payments. The same people who tell Congress how much future missiles cost should also estimate the needs of people that have served them.
It is time to invest in the needs of veterans and not just in technology
DavidW 9th Blog
The Veteran’s Day Lawsuit on Veterans Day seems very appropriate. It is unfortunate that our government continues to shortchange individuals who agree to serve in our military. Everyone should be outraged to learn that a soldier may have to wait for years for an appeals decision to be made. When an enlistee decides to sign up to serve in the military they are often doing it straight out of high school. They may not understand what their rights are if they get injured while serving. It is unfortunate that many veterans end up homeless and in the streets because they are unable to get the medical services they need. Perhaps this lawsuit will help to shame Congress into providing benefits to soldiers who are injured while in service. It is not enough to have a day designated to celebrate the service of soldiers. If our government can spend tax payers money bailing out irresponsible businesses, it can also spend it showing it’s appreciation to those serving in the military. I don’t think many taxpayers would mind expediting disability claims made by injured soldiers.
Cameron Lacy
It is by lawsuits that issues can be solved. I believe that the veterans deserve to be heard and the method is speaking up and demanding governmental change. I hope that veterans win this lawsuits for they deserve things to be done faster because the longer the VA takes the more veterans suffers.
I agree with Russell when he states that the litigation takes years so the problem won't be solved immediately however is better to wait for change than not to do anything.
Mariam G.
I agree with the two veterans who are making a stand. I do believe American soldiers are entitled to the benefits that were promised to them once they signed up to defend our country. I recently went to the VA clinic with my husband who is a Veteran and fought in Afghanistan for over a year. He has monthly appointments with the Psychiatrist. When I was able to sit in on one of his session and I was disturbed to see the quality of services that was provided. The Dr. never gave me husband contact he was to busy typing his notes on the computer, he was rude and wanted to give him medication. ( no counseling was advised) Once we left the clinic I asked my husband is it always like this? He replied, “ yes, and that is why I do not like coming?” the struggle I have is understanding “why” and yes this report is saying benefit (money” but what about everything else?” ) Can anyone give me suggestions
Monica M.
When our men are asked to serve their country, the majority of them don't think twice about putting their lives on the line for America's freedom, yet when our veterans are in need of what should rightfully be theirs without having to bring court actions against the government,sadly enough, that's the only way our veterans will see justice. That delayed claims give our veterans the impression that the nation does not respect them,how about stepping into their shoes and seeing how you would feel?? I for one am glad to see that someone out there cares enough to take a stand and fight for what our veterans so rightfully deserve, there should be no need for unnecessary waits(more like run arounds).
Teresa E.
Although I feel that speeding up the decision process on disability benefits for Veterans will be extremely beneficial, most do not realize the amount of individual pending claims that the VA has to process. According to several websites and Dr. Hansmann’s blog, the “VA is currently handling 600,000 pending claims.” That amount of claims is staggering to me and the fact that initial claims decision wait times average only about six months is incredible. However, the fact those individuals must wait for that amount of time while dealing with medical and financial hardships that stem from having a disability or disabilities is definitely something that needs to be addressed promptly.
The Vietnam Veterans of America, in addition to time limits on claim decisions, are seeking “interim benefits for veterans whose claims cannot be decided within the 90/180 day limits of about $356 monthly for a single veteran without dependents.” I feel that if the VA can not speed up the decision process on disability benefits, then the least that can be done is provide some sort of short-term benefits during the decision process.
Matthew V.
It is nice to hear that this issue is getting more attention because there are so many veterans who aren't getting what they should be, not just disabled veterans. I think all veterans should be getting what they were promised because they fought for it and for their country.
Rosario G.
Interestingly enough, many believe that war veterans are treated with great respect in society. I was one. They even have a national dedication holiday in the United States. However, it is sad to know that at times they are discriminated against and forgotten to a certain point. They are the ones that often risk their own lives for their country, however, when the President of the Vietnam Veterans of America says that by delaying their claims gives them the impression that the nation does not respect veterans, I would have to agree with them. Veterans have fought not only for this country but for their own rights, and for them to have to keep fighting seems just absurd. Hopefully, our new president can take action on this issue and help improve the benefit processes for veterans and many other people. Some people just have to take further action to get a response and with any luck veterans get the assistance they need, and that our government can understand and help them.
janneth a
Blog 9:
Something doesn’t seem quite Kosher here. Ok, there’s a lawsuit being filed against the Department of Veterans Affairs to get the VA to settle more quickly for Vets filing for benefits. Are we talking about Vietnam Vets that haven’t received their benefits? Are we talking about Vets serving our nation right now in Iraq and Afghanistan? If there are 60,000 Vets represented by these people filing a law suit, how many of those are already receiving benefits? I hope that these Vets waiting 6 months to receive benefits aren’t Vietnam Vets. That would be ridiculous since they should have filed decades ago. Why are appeals taking 4 years to be resolved? Why is the VA currently handling 600,000 pending claims? What type of Vets are those 600,000 waiting to receive benefits, what wars did they serve? How do those filing law suits justify fining the VA $356 monthly for claims not decided within 90/180 days? I have way too many questions. Maybe we need a quarterly audit on the Veteran’s Administration to analyze their checks and balances. Why aren’t the different branches of our military doing something to reassure the VA that the Vets they are sending home are truly Vets? It seems to me they would automatically qualify for benefits if our “Commander and Chief” signs the papers for Vets coming home with a purple heart metal and obviously disabled. What’s wrong with the system? People with Masters Degrees can earn up to $65,000 a year working for the VA with a case load of about 120 clients. What’s up with that? In my opinion, since the MA level people only make up 10% of our population maybe we need to have the VA offer training courses for those BA or BS level employees. I wonder if they higher people with a high school diploma. If so, then all this hold up and nonsense makes sense.
Diana F.
I agree with Arturo D, what the VA is doing is not fair to the veterans at all. They fought for our country and our country should give them what they deserve. Our Country should do everything they can do make life for veterans a whole lot better. This topic needs to get more attention because without those who fought for us and this country, we and the United States perhaps would not be the way we know it today.
Stephanie P
In my opinion the veterans deserve that and alot more! they fought a war that was very damaging and lost a lot of lives, a sad war. I can and can't believe how they treat veterans, they promise them all these benefits and sugar coat it then when they get injured or finish their term they get the cold shoulder, forgotten; the government needs to stick by its word! Its good that they are suing; push push and push some more, get them lazy people off their keister!
Crystal O.
i agree with arturo d. they will stall and look the other way, when these soldiers gave up their lives to go to war for this country who makes them wait and suffer. yes you may detect a bit of hostility towards the government from me, well look at our history, they dont want to give us anything whether we deserve it or not.
I believe that pushing the law suit on Veterans is a great thing to do to get additional attention in the Veterans benefits area. I have seen on television and heard many times the stories of War Veterans waiting too long for approval benefits. I have even heard from the mouth War Veterans that they feel unappreciated by a county that they nearly sacrificed their life for. This affects the daily lives and health of these individuals. I still can’t believe the length of time it takes for individuals to receive benefits. I know that they have many applications, but with the advancement in technology it should not take so much time to get approved or denied. The requirement of a 90-day initial ruling on disability benefits within 90 days and 180-day appeal resolutions does not sound too demanding so should hopefully it will get approved in the very near future.
James D.
This lawsuit may help in making our government more aware that people are not just sitting around and accepting what the wrong that our government does and continues to do to our Veteran's. The government tries to paint a pretty picture Oh how they help our veterans if they become disabled. Not true. The waiting period when trying to disability pension is ridiculous. The Justice Department has been delaying cases for decades and needs to be stopped. I feel that the veterans are one of the most deserving people when it comes to disbality pension because they do put their lives on the line for us. When a military person is called to duty they do have to respond right away knowing that they might not make it back or that their lives will be changed forever. Therefore, I believe it is an injustice that when a veteran applies for disability pension they have to wait such a long period of time before a decision is made. And yes they awrd them with $356 monthly but where does that get them with economy the way it is now. I am a strong supporter of our Veteran's. They go out everyday and put their lives on the line for our country therefore, deserve better from our government. In other words, the Justice System should not be so cruel but then again that is the way our system works. Hopefully, this will bring some light to congress. I will always salute and admire our men and women that serve our country for their courage because I could not even imagine what they go through everyday out there in unknown territory.
This lawsuit may help in making our government more aware that people are not just sitting around and accepting what the wrong that our government does and continues to do to our Veteran's. The government tries to paint a pretty picture Oh how they help our veterans if they become disabled. Not true. The waiting period when trying to disability pension is ridiculous. The Justice Department has been delaying cases for decades and needs to be stopped. I feel that the veterans are one of the most deserving people when it comes to disbality pension because they do put their lives on the line for us. When a military person is called to duty they do have to respond right away knowing that they might not make it back or that their lives will be changed forever. Therefore, I believe it is an injustice that when a veteran applies for disability pension they have to wait such a long period of time before a decision is made. And yes they awrd them with $356 monthly but where does that get them with economy the way it is now. I am a strong supporter of our Veteran's. They go out everyday and put their lives on the line for our country therefore, deserve better from our government. In other words, the Justice System should not be so cruel but then again that is the way our system works. Hopefully, this will bring some light to congress. I will always salute and admire our men and women that serve our country for their courage because I could not even imagine what they go through everyday out there in unknown territory. Igarza
I agree with both Mariana we do have to wait and see. As Americans, we have heard and seen so much negative press therefore, making us believe that there will never be a positive change. but again we just have to wait and see!! Let's be Positive and hope for the best. Igarza
I'm agree with this article.I understand veterans have served the country in a very important way, but also there are a lot of people who really need help in this country. There are people that have been in crisis or really bad problems due to his'her disability and how can that person work or function right if the person is not well physically or emotional?? I think we all deserve the same treatment, and of course people with severe disabilities have to have preference bc of his'her situation.
Claudia P.
i agree with Diana that there are other ways of handling the backlog. If the VA truly valued the people who served it, and considered their struggles to survive with disabilty significant, they would find a way to handle the backlog. This is not an unusual experience in government
Davidw reaction
This is very important law suit that needs to be pushed. all those veterans needas much help as possible, they did risks their lives. I have heard many stories of veterans waiting very long for help, which of course would make anybody feel unappriecated. Maybe the Department of Justice need to have a faster system to provided the money promised because for veterans to have to wait four yars is ridiculous
Carmen G.
I understand the point that Russell is trying to get across. Unfortunately, lawsuits seem to be the only way to force the government’s hand. They get the people’s attention and hopefully they will stand up and take notice. The government no longer treats its’ veterans the way it used to. If you get honorably discharged, you get a pat on the back and sent on your way. They get no compensation no help to adjust to the outside world. Instead of the government shelling out money for these big companies they need to be putting the money into the people that are fighting to keep our country safe. I hope those veteran’s get everything they are entitled to and more. Celena M
This article shows a mere reflection of how the VA system is flawed. I could personally agree with several veterans in how frustrating it may feel to personally serve your country freely and then be denied disability benefits. In my opinion 90 days to find out if you are able to receive disability benefits is too much time. I feel they should tell you whether you are capable of receiving benefits sooner so you could know what to do. And in regards to this article delays of claims are held up to an average of six months, while appeals may last up to a total of four years. There are a total of 600,000 pending claims. As you can see there is something wrong and in my opinion this is way too long something must be done, improvement is needed urgently.
Caleb B.
Well put whoever wrote this on November 22, 2008 11:22 AM. "The government tries to paint a pretty picture Oh how they help our veterans if they become disabled. Not true. The waiting period when trying to disability pension is ridiculous. The Justice Department has been delaying cases for decades and needs to be stopped." How true it is what you said and they promise our service men and women all these glorious things when they enlist or get drafted. I think the real problem here with all the delays and procrastination is money. We are already dealing with a bankrupt government.
Diana F.
wow its kind of sad that veterans have to file a lawsuit against the va...instead of assisting war veterans they va hurting them more by not giving them assistance and making them file a lawsuit in order to make ends meet.....wat veterans have done for this country is far beyond anything a regular u.s. citizen does...the least the va can do as well as citizens is help veterans get as much help as possible...
-gary
I agree with Crystal O. the government does tell them they will get benifits if the serve and sometime even provide a huge check for signing on. but what later?
M.Munoz
i dont agree with the va and what they feel is right for our nations veterans! Our veterans served our country.. some for many years, that they deserve to get their disability. They served and protected us and this is how we repay them? Its nuts!! I hope the court declines the decision and helps our nation get what they deserve!
Joelia n.
The VA is doing all veterans wrong, the have fought for our country and the deserve all the rights that they have and they should not be waiting for their checks. Not only should they get their VA check, but if they are disable they should also get their disability check. They are not any different then any other person that is not a Veterans.
Jenny G.
being a veteran myself, who is currently undergoing benifits claims, I can understand first hand the difficulty in processing,and wadding through the messinly mess of the VA, from color coded systems which are not explained as to what each TEAM means, or does, or even a basic layout or orientation given to soldiers leaving service. Granted it seems there is suppose to be a liaison which admits, and informs veterans of their rights and benefits, this not the case for more rural, or non active soldiers ie. National Guard and Reserve. And seeing how soldiers can not up front sue the government as government employees it is up to special interest groups like the VA to do this for us. It becomes even harder now then ever it seems to prove that injuries both physical, emotional or mentally where in connection to service, and require "testimonials" from people served with, which become heard to come by for those who served not with their home units, and there for have no connections to people in which they had served with at the time of deployment, or when "boot where on ground" as it where.
Chris W.
10 of 12
I agree with Crystal O. The veterans never get the after care that they need. My husband still suffers from a lot of problems.
Celena M.
I feel really sadden to hear that the men and women who risk their lives to provide us with the freedom are being treated as if the care and benefits they receive are unimportant. I really hope that these new regulations pass and these brave men and women start receive the assistance that they fought for.
~Marlene H. 10 of 12
I feel really sadden to hear that the men and women who risk their lives to provide us with the freedom are being treated as if the care and benefits they receive are unimportant. I really hope that these new regulations pass and these brave men and women start receive the assistance that they fought for.
~Marlene H. 10 of 12
Its good that there is an action against this problem veterans shouldent have to wait in order to get a check that they deserve due to the sacrifices that they have made for this nation. By this lawsuit hopeffuly the process for admision will speed up and the veterans will get what they deserve.
Omar O
I am glad that they have taken the initiative to carry out this lawsuit because as many Americans I feel that our current soldiers and veterans are not receiving the adequate attention that they deserve. I did not know about how long it is taking for claim decisions but when I read this I was shocked because many medical problems can occur during that time. On the other hand I also understand that there are probably many soldiers in need of assistance causing a delay in the availability of attention. Which is why I am glad that there is a lawsuit pending because this way perhaps a change will come in the way that soldiers are assisted. Whatever the outcome may be I hope that Veterans are better taken care and that this lawsuit brings faster and effective services to them.
diana m.b.
I am so glad to see more action on this issue! As a "disabled vet" who got my rating within 3 months easy-as-pie, it frustrates me when I see OIF/OEF (Iraq/Afghanistan) veterans waiting for years to get a disability rating, or a higher rating on appeal. The VA claims system is overloaded with separating veterans and what used to take too long, now takes an eternity. This lawsuit, may give the VA the motivation to speed up the process by beefing up the claims department with more personnel and shortening the individual claim process time.
One side note:
"interim benefits...$356 monthly for a single veteran without dependents" That will pay for gas, and some Ramen soup. Wohoo!<- sarcasm
my blogger name "ellen" might give it away, but just in case... on Nov 13, 2008 I forgot to sign my post. Margaret T.
I agree with the previous post. It is good to see some more action on part of the Veterans. All people seving the country should receive what they deserve. Besides disability pensions, the healthcare facilites are scarce around the country. There should be more VA facilities available for people with disabilites.
Paty C
The veterans have fought hard to go and fight for their country and how they have to fight for some lawsuit. I am extremely shocked by the fact that they have to go this far on simply trying to get what they deserve. The government says one thing and goes another route. I totally agree with what the veterans are doing. They deserve everything they were promised and should for the fact that they went and helped fight for their country.
Tracy S.
Its sad to see that our country encourages for people to join and be a soldier and represent their country, but once doing so their country does not take care of them once they have gone to war and have become disable as a result of it. Only trying to protect and take care of the country they are from. I say its unjustifiable.
Jessica M.
Hopefully with this lawsuit the VA will respond sooner. I think it is really unfair for our veterans not to get what they need and deserve for serving our country. I do hope the whole process will speed up. Noelia B.
There is nothing worse than denying, in essence, taking, from those who have given everything for their country. Delayed claims do more than show disrespect, it says, "So what you gave life and limb, get lost." I think we would all like to know that we would be taken care of when we returned from a tour of service, and not pushed to the end of a long line.
Joshua P.
I think every person that faught for this country in any war should recieve evry disability privilage there is. What the VA is doing is not right and I really do hope they provide the 90-day initial rulings on disability benifits. This country should be grateful to those who faught in any war and should offer every kind of benifit.
I really do hope all veterans with disabilities recieve disability benifits and hope they win the lawsuit!
Alejandrina T.
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