News
“Glitch” blamed for delaying veterans disability claims for years
August 28, 2023From AirForceTimes.com: “About 32,000 veterans’ disability claims were delayed — some as long as five years — due to a technical flaw in federal filing systems, Veterans Affairs officials acknowledged this week.” Although the number of claims is reported to be a “fraction” of the millions of claim filed since the beginning 2018, “Department leaders could not say how many of the claims affected were first-time submissions versus supplemental filings looking to increase existing disability payouts.”
Those veterans whose claims were delayed due to the glitch will be awarded back pay “once their files are handled,” according to the VA.
Categories: VA Disability, Veterans Disability News
VA launches new Veteran Privacy website
August 10, 2023According to the VA, the new website is an improvement on a previous iteration and will make it easier for Veterans to access privacy information and tools, such as:
- Report a privacy complaint
- Report suspected identity theft
- Submit a FOIA request
- Find a System of Records Notice
- Get VA benefits fraud prevention tips
- View VA policies on privacy
- Access and download Fact Sheets on protecting your identity and privacy
- Keep updated on VA’s SSN reduction activities
- Learn from frequently asked privacy-related questions
Categories: VA Disability, Veterans Disability News
Long COVID disability benefits cases could rise
From 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