Veteranclaims’s Blog

November 19, 2009

VA Appeal Timelines, Congressional Subcommittee Proposed Changes

Filed under: Uncategorized — Tags: — veteranclaims @ 3:03 pm

This article give you a look at the time period that is involved in changing the appeal times of veterans claims.

Full Article at: Panel votes to speed benefits appeals of vets

By Rick Maze – Staff writer

“A House subcommittee moved Wednesday to reduce the amount of time it takes for a veteran to appeal a benefits decision, which can add two to five years to the wait for benefits.

Approved by the disability assistance and memorial affairs subcommittee of the House Veterans’ Affairs Committee, the unnumbered draft bill, called the Veterans Appeals Improvement and Modernization Act of 2009, attempts to streamline both the administration appeals process within the Veterans Affairs Department and the judicial review process through the Court of Appeals for Veterans Claims.

Included in the bill are procedural changes, such as allowing new information from a veteran whose claim is under appeal to be sent directly to the Board of Veterans Affairs, rather than to a regional office where it would have to work its way through the bureaucracy; and giving the Court of Appeals for Veterans Claims the power to review an entire claim, not just one part at a time. The change in the appeals court process is aimed at what veterans have come to call the “hamster wheel” of having a claim with multiple issues decided one at a time in a process that never seems to end as the claim is sent back and forth between the regional official and administrative board.

Additionally, the bill tries to set the stage for more fundamental changes by creating an independent panel, the Veterans Judicial Review Commission, that would evaluate the disability and survivor benefits claims process and recommend changes. An interim report from the commission would be required by July 2010 with a final report by Dec. 30, 2010.

The report deadlines make it possible that some changes could be approved by Congress as early as next year, but major changes would not be considered until 2011.”

1 Comment »

  1. I had a multiple bypass at the OKC VA hospital in 2007.I felt like I had a legitimate claim under US code title 38 section 1151. My wife filed my claim on my behalf because I was in intensive care for two weeks. They were not adequately trained personnel on hand to assist her in properly wording of the claim form consequently the initial claim was denied.

    I filed an appeal and have been waiting for over 2 1/2 years for a hearing. Two years ago, Social Security is declared me totally disabled. I receive $921 per month and had had to file bankruptcy due to the wait.

    The basis for my claim is that what happened to me while in the VA hospital was not reasonably foreseeable. My vision was permanently and irreparably damaged and unable to work to support myself or my family.

    Comment by Phil Furstenberg — December 1, 2009 @ 2:29 pm

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