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From Chuck Weber, your Veteran Service Officer... |
Court ruling could extend disability benefits to thousands of injured veterans |
On
Wednesday, the U.S. Court of Appeals for the Federal Circuit overturned
a 19-year-old precedent used in more than 11,000 VA
claims denials
that stated veterans had to have a clear medical diagnosis connected to
their pain in order to be eligible for those
disability payouts.
Advocates said the ruling could be life-changing for individuals who are
unable to work because of service-connected injuries but excluded from
veterans assistance because of medical technicalities.
“This
was an all-or-nothing issue,” said Bart Stichman, executive director and
co-founder of the National Veterans Legal Services Program.
“This
isn’t about arguing over the degree of disability where is the
difference of $2,000 or $3,000 a month in help. These are people who are
getting zero benefits, despite their pain.”
The
court challenge, which was brought by NVLSP, involved Army veteran Melba
Saunders, who served in first Gulf War. She injured her knees during her
seven years in service, a fact that military doctors noted in her files
without determining a specific medical diagnosis of the issue.
When she
left the service and applied for veterans disability benefits, her claim
was denied. VA officials acknowledged the problem stemmed from her time
in service but the Board of Veterans’ Appeals cited a 1999 Veterans
Court decision which held that “pain alone is not a disability for the
purpose of VA disability compensation.”
Veteran Affairs building near the White House
in Washington is shown on Feb. 14, 2018. A federal court ruling could
ease eligibility rules for thousands of injured veterans seeking
disability benefits. (Pablo Martinez Monsivais/AP)
The new
court ruling erases that precedent, at least for now. Veterans still
need to show a clear connection between their pain and their military
service to be eligible, but would not longer have to have a specific
medical reason for the pain to apply for benefits.
VA
officials can appeal the decision, although it’s unclear if they will do
so.
In a
statement, Saunders’ lawyer, Mel Bostwick, called the court case “a
significant victory for disabled veterans” and a long-overdue correction
in VA policy.
“Congress recognized that the nation owes these veterans for their
sacrifices, and the court today vindicated the common-sense notion that
this debt does not depend on whether a veteran’s disabling pain can be
labeled with a specific medical diagnosis,” she said.
Stichman
said veterans who have previously been rejected for disability benefits
— or who have avoided applying in the past because they assumed they
would not be eligible — should now reapply to see if the new ruling will
allow them to qualify.
“We just
don’t know how many veterans this could affect,” he said. “We know the
Board of Veterans Appeals has cited this precedent in more than 11,000
cases. But we don’t know about all the other veterans who never even
applied.” S |
Source: Military Times, Leo Shane III, April 5, 2018 |
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