Legal Meets Practical

As a veterans attorney who handles disability compensation claims, I often get the same question from frustrated veterans: is there anything I can do to make this process faster? The short answer is no, but the long answer is there are many things you can do to make sure it isn’t delayed further.

While a veteran’s hands are tied when it comes to many aspects of the disability compensation claims process, there are still some things that can be done to make sure that the process moves as quickly and as efficiently as possible. The following is a list of practical tips in applying for disability compensation, as presented at a free legal clinic for veterans I spearheaded in September of this year:

• Keep excellent records – Maintain a file of everything sent to and received from the VA.
• Keep track of deadlines – Understand the important deadlines and track them on a calendar.
• Use lay witness statements – These can be very helpful especially if there are any gaps in available medical evidence. Good lay witness statements are based on personal observation and describe: 1) how the witness saw the injury took place in service; and/or 2) the disability.
• Get help – The VA makes errors, often. Search for pro bono veterans organizations in your state that can either answer questions or potentially assist with your specific case. (After an initial denial, a fee-based attorney may be obtained as well). Research the internet, ask questions of other veterans who have applied for compensation before you. Do NOT rely on the VA to do the work for you.
• Proof of Service – When sending important documents to the VA (especially ones that must comply with deadlines), always ask for receipt of service.
• Don’t duplicate – If you are submitting private (non-federal) treatment records, and are also completing VA Form 21-4142 (authorization for release of records), don’t duplicate. If you send complete records from one doctor’s care, it unnecessarily burdens the VA if you also complete VA Form 21-4142 because the VA ends up with double records.
• Don’t Unnecessarily Complicate – If you have been treated by any doctor for a condition (or conditions) that you are not claiming, don’t send those records or fill out a VA Form 21-4142 unless you feel the records may be relevant to your claimed conditions.
• Attend Scheduled Examinations – Make all possible efforts to attend scheduled VA examinations and do not reschedule unless you have an unavoidable conflict. The VA will unfavorably view a failure to attend a scheduled examination, and it may take a long time for an examination to be rescheduled.
• Label Documentation – With any documentation you submit, make sure your full name and VA file number (generally your social security number) are visible at the top of the first page. This allows the VA to associate match the documents with your file much quicker.
• Don’t Approach Elected Officials – Don’t bother writing to the U.S. President or your Congressman. This won’t make your Regional Office move any faster, and they’ll likely only provide you with a status report (generally detailing what you already know).

In the end, there is little you can do to make your claim move faster. Once your claim reached a regional office, it is put into the queue, and it will remain there until it is your turn. There are, however, things that you can do to make your claim take longer, such as by not submitting all evidence, not responding to requests, and not showing up for scheduled examinations. There are also things you can do that can result in the VA reaching an initial denial, such as not fully substantiating your claim or making your claim as strong as it can be.

To date, over 900,000 claims are pending before the VA. Some regional offices are taking upwards of a year to process an initial claim (A previous blog I posted addressed VA disability compensation wait times by regional office, available at: https://legalmeetspractical.com/2012/09/04/location-location-location-va-claim-response-times-vary-by-area/) Because the VA disability compensation claims process is a long one, do what you can to make sure it doesn’t take any longer than it has to.

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On November 13, the Senate approved a 1.7% cost of living adjustment for veterans and their survivors receiving disability compensation and benefits. This adjustment, effective as of January 1, 2013, is expected to affect approximately 3.9 million veterans and their survivors by offsetting inflation and other factors.

The bill containing the cost of living adjustment, HR 4113, was passed by the House of Representative in July. It needed to pass the Senate by November 13 in order to take effect by January 1, 2013.

While a bill approving a cost of living adjustment for veterans generally passes Congress each year without incident, this year the bill was blocked by an unnamed Republican senator on September 21. As Senate rules require unanimous consent, a single senator can block legislation. With literally no time to spare, the single senator on November 13 changed his vote to allow the bill to pass.

A freshman lawmaker, Republican Jon Runyan of the House of Representatives Veterans’ Affairs Committee’s disability assistance panel, has proposed legislation to make veterans’ compensation automatically increase at the same time as Social Security, without the need for congressional involvement. His proposal passed the veterans’ committee in 2012 but has not passed the full House. At this rate, it seems unlikely to become law before the current session of Congress ends.

It does seem that a bill such as Mr. Runyan’s would ease the pressure of making sure that this adjustment takes effect every year as it should. Granted, a cost of living adjustment bill has always passed both Houses by the November 13th deadline, but why risk the monies used to pay for groceries and electricity for veterans and their survivors?