News
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
Supreme Court Denies Retroactive Benefits for Missed Deadlines
January 23, 2023This week, the Supreme Court rejected retroactive benefits for service members that have missed application deadlines. The case was brought to lawmakers by a disabled veteran that claimed that all service members should be eligible for retroactive benefits if they are able to provide legitimate reasons for late applications.
According to an article published by Military Times, “The case — Arellano v. McDonough — had been closely watched by veterans groups because of its potential to award tens of thousands of dollars to some veterans who failed to submit paperwork for military injuries within a year of separation from the service… But the Supreme Court on Monday unanimously rejected that assertion. Justice Amy Coney Barrett in the court’s decision wrote that federal rules are clear on the one-year time frame.”
Categories: Veterans Disability News
Social Security Denies Disability Benefits Using Outdated Job List
January 9, 2023When applying for Social Security disability benefits, claimants are reviewed to see if they are capable of working other jobs that exist “in significant numbers”. However, the list of jobs they use is from a publication called the Dictionary of Occupational Titles which was published in 1977 and includes outdated positions like a nut sorter, a dowel inspector, and an egg processor.
According to an article published by The Washington Post, “It lists 137 unskilled, sedentary jobs — jobs that most closely match the skills and limitations of those who apply for disability benefits. But in reality, most of these occupations were offshored, outsourced, and shifted to skilled work decades ago. Many have disappeared altogether. Since the 1990s, Social Security officials have deliberated over how to revise the list of occupations to reflect jobs that actually exist in the modern economy, according to audits and interviews. For the last 14 years, the agency has promised courts, claimants, government watchdogs and Congress that a new, state-of-the-art system representing the characteristics of modern work would soon be available to improve the quality of its 2 million disability decisions per year.”
Related pages: Social Security Disability
Categories: Social Security Disability News
Report Reveals Serious Health Risks at Private Housing Not Being Tracked by Officials
January 6, 2023A recent watchdog report revealed that the Pentagon does not properly monitor and track poor conditions of privatized housing that pose serious health risks for U.S. service members and their loved ones.
According to an article published by Task & Purpose, “Despite the well-publicized prevalence of mold, lead paint, and other unsafe health conditions among private military housing units in recent years, the Defense Department appears to be experiencing issues when it comes to actually monitoring how widespread those problems have become…The good news is that the vast majority of the units inspected as part of the IG audit of privatized military housing were in good condition. Out of 28,759 houses that had open work orders as of June 30, 2021, just 58 were determined to have a condition that was considered unsafe or unhealthy.”
Relevant pages: Veterans Disability
Categories: Veterans Disability News