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From Chuck Weber, your Veteran Service Officer... |
VA Filing, Appeals System Changes |
“This change is largely unnecessary and it’s been made solely for the
convenience of the VA,” said Gerald Manard, Veterans of Foreign Wars
National Veterans Service deputy director.
Until now, veterans have been able to begin the claims or appeals
process by submitting a letter or even a scrap of paper. That informal
system preserved the initial date of their claim, meaning any benefits
awarded would go back to the date that the VA received the note. Under
the new system, benefits will still go back to the date of claim or
appeal, but the clock starts only when a veteran files standardized VA
paperwork.
If the VA receives a handwritten note, department officials will send
back a response informing the veteran of the proper paperwork and where
to find it, though they will not send the paperwork itself. Replacing
the informal claim is an “intent to file” form, for those who want to
file a claim but still need to gather more information or documentation.
VA officials have said the new process will reduce confusion and make it
easier to file claims.
Thomas Murphy, VA’s director of compensation service, said inaccurate
information in informal claims often led to delays in compensation for
veterans.
“It was difficult to keep track of and veterans often had wrong dates of
claim as a result,” he said.
Veterans advocates, however, are incensed by the mandate, and officials
with Disabled American Veterans and VFW say they are mulling legal
action to stop the change.
Older veterans, who may not own a computer, could be disproportionately
affected, along with those suffering from brain injuries who may have
difficulty navigating the formal site and keeping track of user names
and passwords, Disabled American Veterans’ National Service Director Jim
Marszalek said.
“Those are the people we’re leaving behind, those most in need,” he
said.
Another worry is that tens of thousands of veterans could potentially
lose months of benefits in the confusion over the new rules and the wait
for the VA to respond to them. That’s because the clock won’t start on
benefits until the date a veteran submits the proper intent-to-file form
— meaning many who mistakenly file informal claims will have to wait for
the VA to respond and start over. The VA has no deadline to respond and
will not send the claim forms with their letter, another sticking point
for advocates.
“That’s unfairly penalizing veterans,” Marszalek said.
Murphy points out that the VA announced the deadline six months ago and
even created a new avenue to file informal claims — a call center 800
number. He added that the change in the VA simply brings it in line with
other federal agencies, such as Social Security and Medicare, and that
it’s unnecessary to send veterans forms when responding to improperly
filed claims.
“I believe we’re at such a place in society that we don’t need to be
sending you a form,” he said.
Among the many controversies swirling around the VA is a backlog of
hundreds of thousands of disability claims that has dogged the
department for years. The change could help the VA with the backlog,
because veterans who have trouble with the new system or mistakenly file
an informal claim will delay or give up on filing their claim, Manard
said.
“Thousands of veterans who haven’t got the word or who haven’t
understood what they saw in the newspaper or magazine … are going to do
what they’ve always done,” Manard said.
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Source: Stars and Stripes, Heath Druzin March 23, 2015 |
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