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LAWSUITS NEWS & LEGAL INFORMATION

More Veterans Lawsuits Filed against VA Claims Process

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Washington, DCMore VA benefits lawsuits have reportedly been filed against the Department of Veterans Affairs. The most recent VA disability benefits lawsuits allege that new policies in filing claims forms will hurt veterans making benefits claims and will unnecessarily delay the date claims become effective. The veterans lawsuit was filed by The Disabled American Veterans and Veterans of Foreign Wars groups.

According to The Wall Street Journal (5/7/15), the groups filed the suit in the US Court of Appeals for the Federal Circuit, arguing against a new policy implemented by the VA. That policy requires veterans to fill out formal applications or speak to a VA employee before they begin receiving benefits, rather than giving notice of their injuries. The new policy also puts the onus on the veteran to fix claims if the form is filled out incorrectly.

The groups filed the lawsuit arguing that some veterans might be incapable of filling out or accessing the forms due to physical, mental or financial difficulties. In the past, veterans could begin claiming benefits by writing a description of their challenges on a piece of paper submitted to the VA. The VA would then send an official to contact the veteran and help with access to the correct forms. Benefits were paid back to the date of the first paper being submitted, not the date the official forms were submitted.

When it announced the change, the VA said the standardized claims process would help provide faster service to veterans making claims, thereby reducing delays in the system. There are still reportedly more than 150,000 claims that have been pending for at least 125 days in the VA’s benefits system, according to The Wall Street Journal.

Meanwhile, the VA faces other lawsuits concerning its claims process. As reported for LawyersandSettlements by Gordon Gibb, veterans have joined forces with Public Citizen and the National Veterans Legal Services Program to file lawsuits alleging the VA has delayed giving them required documentation that would enable them to determine accurate benefits.

Despite guidelines in the veterans benefits handbook stating responses to queries will be sent within 20 business days, or if not possible, an acknowledgement of the request would be sent within 10 business days, some veterans say they have been waiting more than two years for their requests for documentation. That documentation could enable the plaintiffs to access increased benefits or special compensation for combat duty. But, they cannot access those benefits without seeing their files.

The documentation lawsuit is Ball et al v. US Department of Veterans Affairs, Case No. 1:2015cv00586, in Federal Court.

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READER COMMENTS

Posted by

on
I am a gulf war veteran that filed in February of 2011 and I am being denied for PTSD. I have documents out the wazoo that I am service connected.

Posted by

on
I'M CURRENTLY DRAWING 80% SERVICE CONNECTED DISABILITY FOR A TOTAL OF 4 SEPARATE CONDITIONS OF WHICH 3 OF THEM HAVE GOTTEN WORSE. I SET UP AN APPOINTMENT WITH A VA SERVICE OFFICER TO HELP ME WITH FILING FOR AN INCREASE TRYING TO GET TO THE 100% RATING BECAUSE I'VE BEEN UNABLE TO WORK FOR THE PAST 6 YEARS NOW. AFTER DISCUSSING MY CLAIM IN DETAIL WITH HIM, HE SAID IT SOUNDED REASONABLE TO HIM FOR NEEDING THE INCREASE BUT WANTED TO ADVISE ME TO MAYBE RECONSIDER FILING A CLAIM AT ALL RIGHT NOW. HE SAID THAT THE MAJORITY OF THE CLAIMS BEING SENT IN NOW ARE NOT ONLY BEING DENIED BUT THE VETERANS WERE ACTUALLY GETTING A DECREASED RATING THAN THEY WERE ALREADY DRAWING ! HE SAID HE THINKS THIS IS HOW THEY ARE TRYING TO GET THE NUMBER OF CLAIMS THEY HAVE NOW REDUCED DOWN TO MAKE THEM LOOK BETTER BECAUSE THEY'VE LOWERED THEIR BACK LOG OF CLAIMS. SO I'M JUST WONDERING IF ANY ONE ELSE OUT THERE ARE BEING TOLD THE SAME THING AND ADVISING AGAINST FILING FOR AN INCREASE ? OR IF ANYONE HAS SOME ADVISE FOR ME AS TO WHERE TO GO FROM HERE ?

Posted by

on
I have been at 100% since March 2015 from 60% initially. My claim went back to 2012 and after I won my case I was awarded back pay for only 2 month instead of going pack to 2012 from when the claim was filed. The VA regional office at St. Petersburg, FL. has more than 180,000 other veterans waiting for pack pay according to my attorney. My lawyer and other lawyers working for other veterans have a nickname for this situation call the “black hole” where the back pay is kept in limbo until an appeal is made to the BVA. Many times the veteran will die before collecting on red cent of it and the money will go back into the VA’s discretionary spending budget.

It is bad enough I had to wait 1 year to be denied on my claim because the C&P examiner screwed up my claim and another 3 years for the appeal to be processed. Now that I won my case I still have to wait an untold number of years to file an appeal for the back pay I was supposed to receive and didn’t. I hate it when the VA regional doesn’t have to follow the rules and for this reason the backlog “exists”.

I fought and defended my country from enemies foreign and domestic but the real enemy here is my own government because they allow the VA to be merciless, as they take no prisoners.

Posted by

on
I have to admit I really had no trouble with the VA up until November 16th 2014 I'm ready hundred percent p&t1998 and for that temporary100% since 1996I was in and out of the VA hospitalpsych part of the hospital I'm having a friend write this out for me. she knows mycase pretty good my think is not so good anymore.November 16th I fell 10 feet when do the VA Hospital San Diego my daughte was graduating from Officer Candidate School Quantico on the 25ththe emergency room DR took x-rays I asked if I could fly out to Quantico he said let's check your xrays will find out him back in about an hour so you're lucky you'll have to small cracked ribs you can do anything you want. gave me pain medicationand I left 8 days later I flew to Baltimore and then ,drove down with my ex wife Quantico on the 25th of November my daughter graduate over at the museum Quantico I was putting on her rank and Ifelt like I was dying didn't want to say anything so I walked back to the hotel called 9-1-1 SAT and waited they can asked me what was wrong I told him I think I'm dying ato cracked ribs I don't know if that's the problem took me the first hospital. doctor said after the C Scan he told me you are dying maybe two hours left but we're not going let that happen he asked me where I had gone to see a doctor for this problem. I said the VA hospital lthey told me only had two cracked ribs. you said you have 3000 cc's of blood in your lungs you have 8 to 10 severely broken and cracked ribs and separated ribs also you have a broken scapula and a small break down by your pelvis. they send me to another hospital gave me thoracic surgery and I was there for about 8 to 10 days with tubes coming out of me. my daughter of course was horribly hurt why what happened to me she want to quit the Marine Corps and she was devastated it was bad because it was a special day in her life that was ruined my ex wife who is my friend retired lieutenant commander was a nurse in the Navy for 20 years was crying also. had to drive back to California I couldn't drive but she did got back to the VA they did investigation I didn't turn it in somebody else did and they all determine the head doctor the hospital that I should file a tort claim and I did also recently I filed and 1151 I can't sleep at night morphine doesn't work oxycodone doesn't work nothing kills the pain from the operation not the ribs but that save my life I guess I'm a cripple now do the mistake of the radiologist I want him firedor reprimandanyway that's my story still in a lot of pain been over a year probably shorten my life I don't care I just cared about my daughter going through all that crap Thank You bye

Posted by

on
Filed for benefits in 1988 through 2015, just got 70% this August. I called CUE on VA and they called CUE on themselves. Just got my C-file found some much in it. VA needs to be sued for the way they treat VETS. I have 28+ issues documented in my c-file and secondary conditions. Tried to get help with VSO but they did nothing. VA just started looking at my C-file this year, 2015. VA, denied me for everything, saying I was not service connected, there was no documentation' I have two NOD's and one traditional appeal, it's all messed up. I'm going to need a lawyer soon. Twenty seven years is too long to wait for benefits.

Posted by

on
The VA has stall tactics down to a fine science. Although I have not waited as long as some of you, I am very familiar with the routine. I have battled the VA several times over the years with varied results. The latest round involves an increase on a condition which has gotten worse over the years and complicates a heart condition I have developed. I found that there had been a change in guideline which helped a little on the increase. I did, however, have documentation to warrant a 70% rating over the 50% that was granted.

The 70% put me at a level for the Individual Unemployability claim I filed. Claims were filed at same time. I understand, from speaking with the call centers, that when they pull your file on computer all of your open claims appear. (And that's the only useful information I have received via call center.) Now the 70% was granted on appeal and never left Roanoke Regional office. The IU claim was decided and denied one (1) week to the day before the 70% was granted.

I received half of the back pay from the increase (guess someone got their bonus that week). I sent notice of disagreement which set in motion another wait of approximately 295 days (it's been over a year now and they still read from the same script). The IU claim was sent on appeal and I received a Form 9. This put into place a wait time of approximately 592 days (again from the call center script). A friend of mine filed appeals and FINALLY received his 90% rating after five (5) years. Not he's waiting another year for back pay so that all of the audits may be performed, yes multiple!

If anyone has any helpful hints on this I would greatly appreciate it.

Posted by

on
It appears that there is no oversight from the va on the contracting firm VES( veterans evaluation services)I completed my c&p exam on 5/8/2015 called them on 6/22/2015 to see if documents were uploaded to va told not yet I was given some cock and bull story as to why not ,when I asked for a supervisor to file a complaint was told to call 800-827-1000 If the results are with VES why do i need to call the va, It seems that are just as ill equipped to take care of the veteran as the Va.

Posted by

on
In 2005 Was mis-diagnosed, given a drug for something I didn't have that destroyed my immune system, only to find out I had cancer.In 2006 Now with no immune system, my cancer surgery and the healing from it was long and painful, 2 and 1/2 years, plus they screwed up the surgery. Have never been able to go back to work, currently at 60%, with an appeal that go's back to 2008.

Posted by

on
I got a back injury back in 1970, was given a Medical Discharge with Honorable Conditions and a 100% service connected disability. Some how in the last 10 years, I have been trying to find out why I went down to a 40% non-service connected disability. Everytime I contact them, they have no record of me. How can they not have a record, there paying me way less than I'm suppose to be getting..

Posted by

on
Togus Maine veterans affairs let a VA doctor cut both my feet,four surgeries on my left foot an three on my right foot,he wasn't even qualified. Took place from 2004 to 2008. Went thru all paperwork for VA,even had letter of substantiated claim an was denied. Move forward to 2013 an received letter of possible wrong doin or substandard care from VA, long story short was awarded 1151 for substandard care an received no compensation for pain an suffering,am a cripple thanks to Togus Maine now! Thanks director Lilly.

Posted by

on
I got my injury on active duty OEF 2003 Right knee and major major depression. It took me 7yrs to to get the VA full Attention. I still have an appeal pending with a decision dated back 2006 and I am still waiting for final decision its 2015. Got a letter for C&P exam and got letter 6/1/15 with appt being 6/2/15 very very short notice ,I did not go to the p.o box till 6/5/15 and have to wait till the weekend is over to make appt again a calculated method to make you miss on purpose to delay more time.scouts track your move to throw you off course to have more time and I live in the DMV DC Area. STQRF Walt B WWJD

Posted by

on
Oakland VA lost my first 2 claims filed 1993/4. Medical records in service lost, muster reports lost. I had a TBI but never claimed disability originally as I recovered so I thought. Had Secondary strokes to the Service Connected TBI. Multiple treating doctors testified. VA Denied lack of evidence lost by the government. My VA Dr Karp at the OAK Clinic testified I filed my original claim as he was my treating doctor. DRO DENIED. LEFT HOMELESS FOR EIGHT YEARS DUMPSTER DIVING FOR FOOD WITH A MINOR CHILD. OAKLAND FOUND TO HAVE DESTROYED CLAIMS AND NO ONE WILL CORRECT. I NEED A STRONG LEGAL ADVOCATE, PLEASE NOW 77 ABOUT TO LOSE MY HOME AND CANT GET A DRO HEARING (707) 277 9041

Posted by

on
My husband was in the navy from 1978 to1982 in May of last year we were told by the VA Hospital that he had stage 4 renal cell carcinoma w/ mestasis to the brain. We had been told it could have been from asbestos in which the ship he was on was full of it. He filed a claim and was denied & told since it was not found in the 1st year out of service . then in aug. of last year my husband fell in the shower hit his head twice extremley hard we had the amb. transport him to the VA they done a cat scan of his brain &said it was bleeding they did not call in his onccolgy team did not do any more scans then 2 days later shipped him to nursing home 2 days later he was screaming he had a bowling ball on his head 2days later i lost him. I feel they let down one of our veterans &their is probably a lot more.

Posted by

on
I ets'ed Jan 4 2015, I wanted to continue but I had a mild heart attack Oct 31 2014, and was not allowed to do the PT that is required I did however walk as much as I could. I gained weight over the medication that I was given.
I did suffer knee/shoulder injuries and other problems that added on to my disability
I continue to wait for the VA, they do have my paper work and etc. I hope that I do not have to wait as long as several people that I know of to get their benefits or turned down for lame reasons.
I'd like to join this class action lawsuit

Posted by

on
It took the Va well over 6 years to pay we lived in poverty 2006 to 2014

Posted by

on
It took me twenty-seven years to receive 100 percent. they continue to denial me until they passed law allowing only to retroactive payment for two years back, this would keep them from paying back pay for 27 years. Many veterans has suffers back pay taken from me. This deplorable situation should be implemented into recent lawsuit against VA. Please advised a lawsuit should be file for this too.

Posted by

on
Since my knee replacement surgery in the VAMC Wilks-Barre on April 18, 2005 that caused my Kidney to fail, because of excess blood loss. I was on dialysis for over three months
until my Kidney functions returned. During that time I was forced to travel from Bethlehem to Wilks-barre three times a week for dialysis, a total distance of over three thousand miles, an expense the VA never paid me for. During the time I was in the VA hospital they refused to rehab my knee replacement which resulted in less than 50% range of motion.
Another problem was that they sent much more medication than I could possibly use, At one point I had so much Insulin and test strips it would have taken two years to use it all. I notified them by phone and by mail to stop sending any more, but it just keeps coming. I even try returning an unopend box of Insulin and they refused to take it back, I was told to dispose of it. I have a picture of all the medication I had to throw away because it expired. All the while they were still me charging for all this extra medication I could not pay for, they turn it into the IRS and confiscated my wifes money she had coming from a tax refund. During the claim process they send me the same paper work to fill out four time as a stalling ploy to drag out a dicision. I asked for a DRO to review my claim, that never happened, over the past two years my claim was review by three Doctors at the VAMC in Wilks-barre and I was never notified of their findings. The simple truth is that the VAMC crippled me for life and they won't admit to or take responsibility for thier mistakes.
I should be eligible for benefits under 38 USC 1151- Section 1151 Benefits for persons disabled by treatment.

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