VA Claim Delay Causes: The longest delay in processing initial
service-connected disability claims results from the time lag between when
records are requested from the service department and they are received in
the regional office. Second to acquiring records from non-VA sources,
including private medical records, delays are caused by:
1. The large number of claims and appeals relative to the number of
trained employees.
2. The complexities of the law caused by acts of Congress. Although
they tend to delay claim processing, many of these benefit the veteran, by
better advising him/her of his/her rights. Instead of handling a file once
or maybe twice before rendering a decision, the file may be handled a half
dozen times before a decision is made. Between each review it sits in limbo
awaiting the necessary 60 days or so to allow a response.
3. The rating schedule used to evaluate disabilities. With a few
modifications, it is the same one used in 1945. Many disabilities and
conditions diagnosed in today's medicine are not listed and must be rated
based on the percentages applicable to a closely related disability. The VA
has tried to have the rating schedule updated on several occasions. Their
efforts were resisted vehemently by veterans groups, and service
organizations because it is known that to update the schedule based on
modern medicine would result in the reduction of the scheduler evaluation
of many disabilities.
4. The veteran who submitted the claim moved without notifying the VARO
where he submitted the claim of his new address.
While individual rating specialists follow the rating schedule closely,
they usually resolve reasonable doubt in the veteran's favor. In the case
of claims for nonservice-connected pension, they are extremely liberal in
their evaluations. On appeal, the Decision Review Officer will usually do
every thing he/she can within the limits of the law, to allow the claimed
benefit. If the claim has no merit and there is no evidence not previously
considered to support the claim, then the appeal will be denied. The
veteran can still pursue the appeal to the Board of Veterans Appeals. If
he/she loses there, he/she can go to the Court of Veterans Appeals.
Armed Forces Services Corporation (AFSC): The AFSC offers a system of
services to help its members plan for the survivorship and financial needs
of the family. AFSC services are open to members in all branches of the
uniformed services - active, reserve, retired, veterans, and their
widows. Information provided is available from military fraternal
organizations or government web sites at no cost. The advantage of using
this service is it tailors to your specific situation so you will know what
benefits you have, how they will change over time and exactly what your
family would receive if something happens to you. There is a fee for this
service that ranges from $495 to $995 one time life payment or $4.90 to
$21.90 monthly payment dependent upon age. For more information, call AFSC
toll free 1-888-237-2872; email: info@afsc-usa.com or check out their
website at www.afsc-usa.com .