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  The Nation's #1 Independent Veterans Web Site Click here to make VA Watchdog dot Org your homepage VA NEWS FLASH from Larry Scott at VA Watchdog dot Org -- 02-14-2008 #1 |
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The Nation's #1 Independent Veterans Web Site Click here to make VA Watchdog dot Org your homepage VA NEWS FLASH from Larry Scott at VA Watchdog dot Org -- 02-14-2008 #1 |
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PROCESS -- VA review has overturned nearly 20% of large awards. Legal challenge says VA's "review scheme is punitive, discriminatory, confiscatory and contrary to the veterans' benefits system established by Congress."
Story below: ------------------------- by Larry Scott
In October of last year I wrote about a new VA policy to review all "extraordinary awards,"...those are awards for disability compensation with an effective date retroactive eight or more years or that result in a lump-sum payment of $250,000 or more. That story here... http://www.vawatchdog.org/07/nf07/nfOCT07/nf101307-1.htm Veterans' attorneys, spearheaded by NOVA
(National Organization of Veterans' Advocates), protested the review
process calling it "plainly illegal." That story here...
http://www.va Basically, any "extraordinary award" is sent from the VA Regional Office (RO), where the decision is made, to the C&P Service at the VA Central Office. They review the decision and approve or not. This is just a move to save money. Although VA claims it is a standard part of the review process, it should be noted that the C&P Service does NOT review denials of claims that would fall into the "extraordinary awards" class.
Now, a veteran by the name of Steven G. Stratford is challenging this entire process while at the same time fighting for his disability compensation. In May of 2007, Stratford was awarded compensation for PTSD related to service. Then, strangely, in October of 2007, after the VA implemented the C&P Service review policy, the decision was reversed and Stratford's claim was denied. You can see a chronology of this in a letter from Stratford's Congressman, Mike Thompson (D-CA), to Acting VA Secretary Gordon Mansfield, asking for information about the decision-making process as it related to Stratford's claim. That letter is here... In December of 2007, Congressman Thompson received a letter back from the VA, but not from Mansfield. The letter came from Undersecretary of Veterans' Affairs for Benefits, Daniel Cooper. Cooper claimed that the C&P Service did not review Stratford's case. However, that is being questioned because the VA has not provided Stratford's files to his attorney. Of note in the Cooper letter is the fact that C&P Service has reviewed 494 "extraordinary awards" cases and sent 91 back to the ROs, saying the award was wrong. That is nearly 20%. Quite a money savings...isn't it? Cooper letter is here... Now, Stratford has filed a PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF A WRIT OF MANDAMUS with the U.S. Court of Appeals for Veterans' Claims (CAVC). Stratford claims, among other things, that the C&P Service review process is unconstitutional and that the VA's "review scheme is punitive, discriminatory, confiscatory and contrary to the veterans' benefits system established by Congress." Full Court petition is here... CAVC Chief Judge William P. Greene, Jr. has ordered the VA to respond within 30 days. VA, apparently caught between a rock and a hard place on this issue, may just grant Stratford his award, then the petition goes away. The good news is that I've been told that other attorneys are considering like action on behalf of other veterans. The bad news is that the CAVC doesn't get involved in class-action issues. We will keep an eye on this petition and any others that may be filed. No matter what happens, the VA's policy of an additional review of "extraordinary awards" will be under great pressure to be modified or completely abandoned. -------------------------
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