by Jim Fausone
Veterans Lawyer

Veterans Affairs has recently vowed to eliminate the backlog in veterans benefits claims by the end of 2015. There is a million claim backlog across all levels and it takes years to process a claim. However, VA says all those seeking payment will have to wait no longer than three months. How could this be done?

Examples given include a new benefits calculator to help VA workers more easily calculate payouts for hearing deficiencies, a process that has allowed those claims to be processed more quickly and accurately. New calculators are being expanded to cover nine other conditions in upcoming months. VA is also looking to retain hundreds of part-time claims processors as full-time workers to help drive down the backlog. Recent improvements to online benefits applications and electronic medical records have sped up processing times for certain illnesses to fewer than 30 days.

Veterans deserve timely response to claim applications and appeals. Justice delayed is justice denied. But just proclaiming it will end in 2015 does not give anyone comfort VA will accomplish this goal.

Read more at:
http://www.stripes.com/va-hopes-to-eliminate-backlog-in-benefits-claims-by-end-of-2015-1.129125

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

by Jim Fausone
Veteran Lawyer

A local Michigan documentary film producer, Keith Famie, has a new film out about the Vietnam generation. This DVD follows on the heels of his critically acclaimed film “Detroit: Our Greatest Generation ” about Detroit’s role in WWII. Keith is a dedicated and skilled storyteller and film maker. I have seen him lug his gear to events, parades, the moving wall and posts to talk to real veterans. He is preserving the history of our times.

I encourage you to check out his work and buy a DVD for a friend or loved one. Keith has scratched together the funding to make these documentaries and no one is getting rich off his work other than those whose history has been preserved. The project always needs financial support and you can assist by going to these websites to buy or contribute.   Check it out at: http://www.v-prod.com/trailer_vietnam.html

or at:  http://www.ourvietnamgeneration.com/ 

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

by Jim Fausone, Veteran Lawyer

We have written about the MST problem before.  Military Sexual Trauma broadly covers rape, sexual harassment and discrimination.   We deal with the aftermath when veterans seek compensation for MST.   About 80 percent of unwanted or threatening sexual acts are not reported. Victims who report abuse to their superiors often face social isolation, retribution and counter accusations. 

The ACLU has filed a suit seeking information on the number of acquittals, convictions and sentences, the number of disability claims related to sexual trauma that were accepted and rejected, and the number of sexual harassment complaints.  The government prosecutes 8 percent of military sex offenders, while 40 percent of civilian sex offenders are prosecuted, according to the lawsuit.  This disparity in prosecution affects the handling of claims by VA as no contemporaneous records exist to establish service connection.

Let’s see if  a federal  court can force DOD to provide the information requested, if it helps stop MST and  helps in getting veterans compensation for MST.

Read more at:  http://www.npr.org/templates/story/story.php?storyId=132032056

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

by Jim Fausone, Veteran  Attorney 

The first large scale study of female veterans found that female veterans — age 18 to 34 — are three times as likely as their civilian peers to die by suicide.  Veterans make up 20% of the people who commit suicide in the country.  However veterans only make up 12 % of the population. Female veterans are particularly vulnerable and everyone needs to be aware of this crisis and respond accordingly. How will VA, VSOs and health care providers respond?

Read more at:  

http://www.npr.org/2010/12/04/131797071/study-female-vets-especially-vulnerable-to-suicide

by Jim Fausone, Veteran Attorney

 This week the U.S. Supreme Court takes up the issue about when a veteran misses the 120-day appeal period.   The Veterans Court has taken the position that it could not grant a deadline extension for any reason. The U.S. Court of Appeals for the Federal Circuit affirmed, based on a high court 2007 decision, saying federal time limits are not subject to judges’ discretion unless Congress has written such flexibility into the law. Some of the judges in the Federal Circuit majority noted, however, that “the rigid deadline of the existing statute can and does lead to unfairness.”  In this case the Korean War veteran, Mr. Henderson, was suffering from psychiatric disability, bedridden  and missed the appeal deadline.  It will important to watch what the US Supreme Court holds. We will keep you updated on this important matter.

Read more at:  

http://www.usatoday.com/news/washington/judicial/2010-12-03-supreme-court-veteran-disability-claims_N.htm

by Jim Fausone

VA just announced that it will test quicker ways to access private medical records. It wants a private contractor to quickly retrieve the records from the health-care provider, scan them into a digital format and send the material to VA through a secure transmission. But we have found that most Regional Office employees do not have a computer capable of reading CDs or DVDs. As a result, if you send them records on such media, the RO will simply drop it into the file and never look at what was submitted. This problem also exists at the Board and is acknowledged by all attorneys practicing in the field. The Secretary should stop “testing quicker ways” and provide the RO staff the technology they need to do their basic job.

Read more at: http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=2012

by Kristina Derro

A recent decision by the Court, on one of our client’s claims, stressed the importance that VA must get a medical opinion before it summarily declined to refer an issue for extraschedular consideration for unemployability. Our client worked as an accountant, handling his clients’ taxes. He was forced to stop working because his hearing loss was so debilitating that he was prevented from talking with and understanding his clients. Fearing that he would accidentally submit something erroneous to the IRS because he did not hear his clients correctly, he stopped working. VA refused to refer our client’s claim for consideration for unemployability because it determined that the Veteran could still perform the physical and mental acts required by being an accountant, he just could not hear and understand his clients.

After we submitted our legal argument, the Court determined that the VA was wrong by not referring the case to a physician to make a determination on the effect the Veteran’s hearing loss had on his ability to remain employed. The Court chastised VA for using its own unsubstantiated opinion, and not relying on independent medical evidence from a physician on the topic. After all, one can reason that if the Veteran could not hear his clients, he would be unable to hear and understand any other employer as well.