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
A Successful VA Disability Claim Requires Perseverance and Proper Representation
Too often Veterans face a long and arduous process with the VA and many give up due to the stress and frustration. With an experienced disability benefits attorney and supportive professional team in their corner, Veterans can feel inspired – and equipped – to continue the fight.
By Danielle Nocitio
Office Manager at Wolf & Brown Law Offices
At Wolf & Brown, we’ve helped many Veterans push through the exhaustion and mental anguish caused by the onerous Veterans Administration claims experience, including individuals suffering from significant PTSD, depression, anxiety, and other service-connected illnesses – sometimes made worse by unsuccessful attempts to get the disability benefits they need and deserve.
As we have previously covered in the NJ Vet-Wire, the VA disability compensation system is advertised as a non-adversarial process. In reality, it requires one to fight for their benefits.
Hiring a Veterans Disability attorney is beneficial because experienced legal teams can help clarify issues as they arise, ensure that the claim is supported by sufficient and proper evidence, and meet strict deadlines. In the event a Veteran is facing a denied claim, an attorney is able to effectively review the available evidence and data to create a robust appeal to seek a full disability award.
Our Veterans Department motto is Never Give Up. Wolf & Brown’s VA-accredited attorneys are bolstered by an experienced and thoughtful team to help each client navigate the claims and appeals process while relieving the Veteran from having to deal with VA directly.
Veterans have served our country and we make it our shared mission to seek the benefits they have earned – contact us today for a free consultation.
Relevant pages: NJ Vet-Wire; Veterans Disability
Categories: VA Disability, Vet-Wire
Long Covid and Social Security Disability – What to Do
March 29, 2023Recently, there has been news coverage regarding the struggles that long Covid sufferers not only endure with the illness, but with the Social Security Disability process. In 2021, the US Health and Human Services offered this guidance from their Office for Civil Rights and the Civil Rights Division of the Department of Justice. If you are a New Jersey resident and experiencing long Covid impairments that restrict your ability to work, we encourage you to schedule a free consultation with a Wolf & Brown attorney so we can assess your particular situation and offer additional insight on your right to benefits.
Categories: Social Security Disability News
Social Security Evaluates Changes to SSI Benefits
March 8, 2023Categories: Social Security Disability News
Veteran Advocates Push 2024 VA Budget Increase
February 17, 2023Veteran advocacy groups are asking for more than a 10% increase in VA program funding next year which would help cover the expenses to expand care for elderly veterans and the costs involved in making much-needed improvements to department buildings.
According to an article published by Military Times, “Officials from Disabled American Veterans, Paralyzed Veterans of America and the Veterans of Foreign Wars released their annual Independent Budget on Monday, which calls for $161 billion in discretionary spending for VA operations next fiscal year. If Congress goes along with the plan, it would mark the fourth straight year of budget boosts above 10% for the department, one of the few agencies to regularly receive more money each year from lawmakers regardless of which party holds the majority.”
Relevant pages: Veterans Disability
Categories: VA Disability
VA Continues Fight to Provide Toxic Exposure Benefits to Veterans
February 16, 2023Although the Department of Veterans Affairs has secured the money needed to provide toxic exposure benefits to veterans, they still need the manpower to do so. In an attempt to secure more employees, the Veterans Benefits Administration is holding eight hiring fairs across the country to fill the 1,900 jobs available.
According to an article published by Stars and Stripes, “Getting these new hires trained and working quickly is important because veterans can qualify for more money if they apply for toxic exposure benefits before the law’s first anniversary, McDonough said. Those who do so will receive benefits backdated to August 2022, adding to the amount that they will receive.”
Relevant pages: Veterans Disability
Categories: VA Disability