Veterans: Honorable service, but an endless wait for disability benefits

April 10, 2014

Veterans: Honorable service, but an endless wait for disability benefits

Article provided by Manring & Farrell
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Backlog and delay

While serving in Vietnam, a soldier was exposed for several minutes to Agent Orange, raining down, in his words, "like they were giving us a shower." Now 64, he has waited approximately four years for his claim for disability benefits to be resolved by the Veterans Benefits Administration, one pending case among 2.1 million. Across the nation, according to the Dayton Daily News, it takes an average of 262 days to complete such a claim. In Ohio, that number goes up to 278 days.

The soldier in question was recently quoted in the Daily News as saying, "They can draft you and put in uniform and teach you how to kill in six months flat, but they can't process a claim in under a year. I have buddies who have died waiting for their benefits."

What is the cause of the delay? A VA spokesman says that there is a growing backlog, which he attributes to "increased demand, the result of 10 years of war and many veterans returning with severe, complex injuries. The VA is caring for millions of veterans and beneficiaries of all eras."

Human stories, electronic response

The above reported Ohio story about a Vietnam vet is, unfortunately, not an isolated one. Here are several others.

An 82-year-old woman, widowed after losing her Korean veteran husband in 2009, has still not received the disability benefits belonging to him. Another veteran, disabled since 1976, when his foot was crushed by the landing gear of a fuel tanker, applied for an increase in his benefits (now $500 monthly) in 2011 and is still waiting for a decision. The paperwork for his initial claim was lost by the VA, which is not uncommon.

A GAO report states that the VA's practice of handing off paperwork manually leads to "misplaced and lost documents." The VA's computer system is in the process of being updated to avoid such problems.

PTSD and streamlined procedures

What else has the VA done to deal with the above problem? One area addressed has been that of PTSD. PTSD is one of the most frequent conditions suffered by veterans applying for benefits. According to Cleveland.com, the Cleveland VA office received 2,402 PTSD claims in 2009, amounting to roughly 10 percent of the 24,600 total claims that year.

PTSD happens following traumatic events involving injury or death, certainly common occurrences on the battlefield. PTSD leads to nightmares and flashbacks, disrupting daily activities, and may include extreme fear, irritability, anger, and being easily startled. PTSD treatment may involve counseling, behavioral therapy, psychotherapy, and drugs and medication.

Starting in 2010, the Department of Veterans Affairs simplified its procedures for filing PTSD claims. Regulations used to require searches of records, the documentation of incidents, and the statements of witnesses. New rules require only that veterans provide evidence of war zone service (not necessarily combat-related) in an area that was possibly exposed to terrorist or military activity. Another requirement is that a psychiatrist or psychologist from the VA must provide a PTSD diagnosis.

Conclusion

It may be possible, even after the VA applies more resources, electronic or other, to address the backlog in disability cases, or further streamlines its procedures, that if you apply for such benefits, you will encounter unacceptably complicated paperwork and long waiting periods. At that point, you might well consider hiring an experienced disability benefits attorney to investigate the facts of your case and to determine the best route to get you the benefits you deserve.