Indianapolis Personal Injury Blog

Panhandling WWII Vet Finally Receives Veterans’ Disability Benefits For Tinnitus

VA hospital exposes thousands of veterans to HIV and Hepatitis

VA Disability claims 2010: The Forecast

The Veterans Affairs Department expects to receive an additional 200,000 VA disability claims over the more than one million claims they received in 2009. They are currently handling these cases manually, and though they have an employment force of over 11,000 examiners, they struggle to keep pace.

There are plans to develop a system to process these claims for Vietnam veterans exposed to Agent Orange in a smoother and more timely manner. In March, the VA posted a notice in the Federal Register that it intended to add an additional three classes of diseases to the current list of 12 diseases associated with the exposure to Agent Orange.

The current list of diseases are what the VA deems presumptive claims.  In other words, these are illnesses that don’t have to be proven were a result of military service. Just last week, the Senate Appropriations Committee added more than 13 billion to the fiscal 2010 Emergency Supplemental Appropriations bill to pay for the additional claimants expected as a result.

The VA department is looking for bidders to create a state of the art system that would include automation, claim forms that would be machine readable and would be web enabled. Such a system would certainly help clear up the backlog that’s due, in large part, to outdated, manual processing. Veteran’s advocacy groups are hopeful that the new system will facilitate claims and help all veterans claiming disability and pensions.

As it stands, the VA is still staring at a monster set of tasks.  This is part of the reason our veterans are having such a difficult time obtaining their VA benefits.  Using a lawyer can greatly increase your odds and save you from making mistakes that may jeopardize your claim. 

Please remember, the location of your veteran's disability lawyer DOES NOT matter.  Pick a law firm based on their ability, NOT their address.

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Vets with post-traumatic stress disorder (PTSD) may receive upgrade

Approximately 20% of soldiers returning from Iraq and Afghanistan report experiencing some level of post-traumatic stress disorder (PTSD).  It's a staggering number considering these only represent the documented cases. The true number of cases are unknown, as several veterans may not seek assistance.  And in the worst case scenario, many vets have sought out assistance from the Veterans Administration (VA) only to be denied veterans benefits related to PTSD. 

With regard to those vets who were denied PTSD benefits, it appears they may soon be seeing a very positive reversal.  In response to a recent class action lawsuit filed by combat veterans, the VA has agreed to reevaluate the medical records of some 4,300 recent vets who were discharged with PTSD.  It's assumed that some of these veterans were improperly denied benefits.

Iraq and Afghanistan veterans who "opt-in" as part of this lawsuit have a deadline date of July 24th if they wish to be part of the reevaluation.

Veterans who have yet to file for benefits related to PTSD, should visit the National Center for PTSD to better familiarize themselves with the symptoms and treatment that is available. 

 




  

 

President Obama adds pressure to VA's disability benefits backlog woes

Parkinson's disease, B cell leukemia and heart disease are linked to Agent Orange in Vietnam veterans

Disabled Vietnam veterans with Parkinson's disease, B cell leukemia or coronary artery disease (heart disease) are waiting for an official ruling from the Department of Veterans Affairs (VA) that will possibly pay them veterans disability benefits that are long overdue. Forty years after Agent Orange was last used in Vietnam, the VA and Defense Department have finally identified it as the cause of presumptive illness in many disabled Vietnam vets. (The VA currently provides a list of diseases related to Agent Orange exposure.)

It's important that Vietnam vets understand the meaning behind "presumptive illness." Veterans with the presumptive ailments caused by Agent Orange toxins will qualify for disability compensation if they are able to show that they visited Vietnam at any time from 1962 to 1975. A presumptive illness doesn't require a Vietnam vet to prove a direct association between their medical condition and military service. And so these new claims don't contribute to the already existing backlog of applicants, the VA intends to accept letters from a vet's family physicians supporting claims for Agent Orange-related conditions.

The DVA estimates that approximately 185,000 Vietnam veterans could become eligible for disability benefits after the rule change takes place. (The new ruling is expected to pass sometime in 2010.) The estimated cost for the VA in ensuring that Vietnam veterans receive their disability payments could reach $50 billion. There will also be an effort to fully compensate the widows of Vietnam veterans who died of Agent Orange disabilities. Surviving spouses will be eligible for retroactive benefits and VA Dependency and Indemnity Compensation.

This is a well-deserved victory for the many thousands of Vietnam vets who were previously denied their disability claim. It's also a critical announcement to the thousands of vets who never even filed their claim, but will likely be eligible for benefits. The numbers are expected to be particularly large with regard to the number of Vietnam veterans who file a disability claim due to heart disease.

Vietnam veterans will not be eligible for disability compensation if evidence is found that any of the three diseases are a result of a non-service cause.

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