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House Considers Trimming Years off VA Appeal Process

appeal

By Debbie Gregory.

Of the hundreds of thousands veterans who file disability claims each year, approximately 10% of them will appeal the decision made on their claim, either because they disagree with the decision, don’t understand it, or are simply exercising their right to do so.

A large percentage of appeals are filed by veterans who are already receiving VA disability compensation, but are seeking either a higher level of compensation or payment from an earlier effective date.

This has caused veterans who are in the appeal process waiting an average of five years for their decision.

VA officials have repeatedly said that without changes in the law governing how often veterans can restart the appeals process, they can only make small improvements.

There are nearly half a million pending appeals cases. In an effort to fix this clearly broken process, members of the House Veterans’ Affairs Committee have debated draft legislation to overhaul the process.

“VA’s current appeals system is slow, cumbersome and just doesn’t serve veterans well,” said Phil Roe, (R-TN). “We have to do better … Congress has to make some changes to give VA the tools it needs to ensure that veterans receive a fair and timely decision on their appeals.”

New options on how veterans could have their cases appealed include waiving the chance to submit new evidence or official hearings in favor of quicker resolutions, or retaining those rights, but facing stricter timelines for submissions and responses. The Open Record, which allows veterans to add evidence at any time in the process to provide extra clarity or strength to their case, seems like a great idea, but if the veteran does submit new evidence, the claims review process starts all over again.

But the Vietnam Veterans of America released a statement calling the proposed legislation problematic, saying it “ignores the need for legal precedent in the VA claims process, limits due process protections, and compromises the non-adversarial, pro-veteran claims system at the convenience of VA.”

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