News
Long COVID disability benefits cases could rise
August 10, 2023From Medscape: “At least 30 lawsuits have been filed seeking legal resolution of disability insurance claims, according to searches of court records. In addition, the Social Security Administration said it has received about 52,000 disability claims tied to SARS-CoV-2 infections, which represents 1% of all applications. But legal experts say those cases may not reflect the total number of cases that have gone to court. They note many claims are initially dismissed and are not appealed by claimants.”
Categories: Social Security Disability News
PACT Act News: Deadlines Approaching Fast
August 8, 2023From VA.gov: “VA encourages all eligible Veterans and survivors to file a claim—or submit their intent to file a claim—for PACT Act-related benefits now. Veterans who do so on or before Aug. 9, 2023 may have their benefits (if granted) backdated to Aug. 10, 2022, the day that President Biden signed the bill into law.”
“The PACT Act is one of the largest health and benefit expansions in VA history. It recognizes toxic exposure as a “cost of war” by addressing the full range of issues impacting toxic-exposed Veterans, ensuring generations of Veterans who suffer from toxic exposure-related conditions get the benefits and care they’ve earned. This new law also expands and extends eligibility for VA health care for Veterans with toxic exposures and Veterans of the Vietnam era, Gulf War era, and Post-9/11 era.”
Categories: VA Disability, Veterans Disability News
August 7th is Purple Heart Day
August 7, 2023From VA.gov: “Each year on August 7, our nation recognizes the men and women who are known as our Purple Heart recipients. The Purple Heart, one of the oldest military decorations, is presented to service members who were injured or killed in service to our country.”
The team at Wolf & Brown remembers and honors our nation’s 1.8 million Purple Heart recipients.
Categories: VA Disability, Veterans Disability News
VA continuing to probe toxic exposure
July 27, 2023“The Department of Veterans Affairs will review whether three more types of cancers will be added to the list of conditions presumed to be caused by exposure to toxins from military burn pits, the agency announced Tuesday.”, according to Stars & Stripes.
Categories: VA Disability, Veterans Disability News
July 25th is National Hire a Veteran Day
July 24, 2023“This day was created to remind job seekers and employers alike that these veterans’ experience and dedication can breathe new life into the workforce. It aims to teach people about the value of hiring a veteran”, according to NationalToday.com.
At Wolf & Brown, we’re immensely proud to support our Veterans and we encourage employers everywhere to always consider hiring these brave men and women.
Categories: VA Disability, Veterans Disability News
Bill allowing service members to file malpractice claims in district court advances in US House
July 20, 2023“The new bill — Healthcare, Equality and Rights for Heroes, or HERO Act — would allow troops to take their claims to district court”, Stars & Stripes reports.
“The way that the process works now is a service member’s first step is submitting a claim with their military branch, Panetta said. If that is denied, they have an opportunity to resubmit the claim. Under this process, there is only a 2% favorable resolution rate for the claimant.”
Categories: VA Disability, Veterans Disability News
PACT Act Updates from VA: claims received by August 9 will be eligible for 12 months of backdated compensation
July 13, 2023According to VA.gov, most Veterans and survivors who apply for benefits or submit an “Intent to File” by August 9, if granted, will have their benefits backdated to August 10th of last year – the day that President Biden signed the PACT Act into law.
Categories: VA Disability, Veterans Disability News
Effective Dates: What they are and how they affect your VA Disability Benefits
June 8, 2023One of the more common misunderstandings in Veterans Disability Law is the rule surrounding “effective dates”. What is an effective date? In short, it is the day that you can start receiving your disability benefits.
By Matthew J. Brown, Esq. VA-accredited attorney and partner at Wolf & Brown Law Offices
Generally, under federal rules and regulations, the effective date for any claim is set from either the date the VA received your claim or the date that entitlement arose, whichever is later. Let’s use an example to illustrate this:
Veteran John files a claim for Post-Traumatic Stress Disorder (PTSD) on January 1, 2020. Before filing his claim, John presents the VA with medical evidence he has a diagnosed condition, a statement regarding his in-service stressors, and medical evidence from his treating physician that provides a nexus between his condition and the in-service stressors.
After several months, VA adjudicates his claim, grants him entitlement to service-connection for PTSD and assigns him a disability rating accordingly. In this situation, John’s effective date will be the date the VA received the claim ie: January 1, 2020.
However, let us assume John does not have any medical evidence to support his claim nor a diagnosed condition when he submits an application on January 1, 2020, but he complains of mental health symptoms and has confirmed in-service stressors. In this instance, if the VA adjudicates his claim as service-connected and a VA examiner diagnoses him with PTSD on April 1, 2020, VA may assign April 1, 2020, as the effective date. Why? Because that is when his mental health condition was diagnosed. Here, despite submitting his claim four months prior, the VA would have the right to assign April 1st, 2020 as the effective date.
It should be noted however, there are several exceptions to this general rule. For example, if a Veteran applies for disability compensation within a year of their discharge from active service, the effective date assigned would be the day after discharge.
Overall, there are several exceptions to the general rule governing effective dates. If you need assistance with an effective date issue, reach out to our team at Wolf & Brown Law Offices to schedule a free consultation so we may evaluate your case.
Relevant pages: NJ Vet-Wire; Veterans Disability
Categories: VA Disability, Vet-Wire
VA Disability Benefit Claims – Wait Times Explained
April 20, 2023When filing an initial claim for disability benefits with the Veterans Administration (VA) it takes approximately 118 days to process the claim and make a decision. However, this is an estimated completion timeline. In each individual case, the time it takes to review your claim depends on a number of factors including the number of disability claims, the time needed to collect evidence including medical records, and the type of claim filed.
By Matthew J. Brown, Esq.
VA-accredited attorney and partner at Wolf & Brown Law Offices
If a claim is denied, one option available is to appeal it by filing a request for a Higher-Level Review. When a Veteran initiates this request, they are unable to submit any new and relevant evidence – they may only request a senior reviewer complete a review of their initial claim and decision. Simply put, this means a review officer who did not participate in the original decision process will decide the claim without deference to the previous decision-maker. The VA’s goal for completing a request for Higher-Level Review is approximately 125 days or 4 months.
Another option to appeal a denied claim is by filing an appeal to the Board of Veterans Appeals. The wait times when filing an appeal to the Board are a bit more complex as Veterans have the ability to choose one of three review lanes when filing their appeal: 1. Direct Review docket; 2. Evidence Submission docket; or 3. the Hearing docket. Below is a chart published by the Board of Veterans Appeals regarding each review lane and their corresponding wait times:
If you need assistance in navigating the appeals process, please schedule a free consultation, so we may evaluate your case.
Relevant pages: NJ Vet-Wire; Veterans Disability
Categories: VA Disability, Vet-Wire
The Board of Veterans Appeals Remand and What it Means for You
April 18, 2023In some cases, after a Veteran has presented their appeal to the Board of Veterans Appeals (BVA), a Veterans Law Judge (VLJ) may remand an appeal to address any outstanding issues before rendering a final decision.
By Matthew J. Brown, Esq.
VA-accredited attorney and partner at Wolf & Brown Law Offices
Generally, a Remand Order is a decision made by a VLJ wherein they summarize the evidence and direct the Veterans Administration to conduct additional development. This additional development may include the correction of any due process errors committed by VA including failing their Duty-to-Assist a Veteran in obtaining existing records such as service personnel or treatment records, obtaining records that are held in federal custody, or obtaining any relevant Social Security Disability records.
Alternatively, the VLJ may also require the development of additional evidence including requesting medical examinations or medical opinions for the remanded appeals. Overall, if your appeal is remanded, the instructions for the Remand will vary based on each individual Veteran’s case.
That said, the processing of the Remand Order is a crucial step in the appellate process.
For example, if the VLJ ordered the VA to obtain a medical examination and opinion, it is not enough to ensure that VA provided you with that medical examination and opinion. You must take the time to ensure the opinion provided by the VA is adequate for consideration by the VLJ. More often than not, these examinations and opinions are inadequate and often go unchallenged before returning to the VLJ for consideration.
Additionally, when a Remand occurs, it may also provide you an opportunity to submit additional evidence or legal argument in support of your appeal. Secondly, if the VA conducts its development and continues to deny the appeal, you are provided an opportunity to challenge and rebut any findings they make, administrative or otherwise.
Again, this is a critical step in the appeal process. It’s especially important to have an experienced and VA-accredited attorney at your side.
At Wolf & Brown, we encourage Veterans facing the appeal process to schedule a free consultation so we may evaluate their case.
Relevant pages: NJ Vet-Wire; Veterans Disability
Categories: VA Disability, Vet-Wire