WHY DOES THE DAV WANT TO CUT YOUR CLAIM APPEAL

TIME IN HALF? -- The DAV explains. Plus, we have analysis

from an attorney who practices veterans' law.

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by Larry Scott

On February 11, 2009, Kerry Baker, Assistant National Legislative Director for the Disabled American Veterans (DAV) testified before the Senate Committee on Veterans' Affairs.

The hearing was titled:  Review of Veterans' Disability Compensation -- What Changes are Needed to Improve the Appeals Process?

While much of the testimony given that day was "more of the same" that we have heard for years, one statement made by Baker caught my attention.

In prepared testimony, Baker stated:

Congress should decrease the period in which a VA claimant may submit a timely notice of disagreement to the VA following the issuance of a VA rating decision from one year to six months.

Baker's complete testimony is here...
http://www.veterans.senate.gov/public/ind
ex.cfm?pageid=16&release_id=11839&
sub_release_id=11859&view=all

This didn't make much sense to me. 

Why would the DAV want to cut our appeal time in half?

What good does this do the veteran?

So, I asked the DAV and got this response from David E. Autry, Deputy National Director of Communications:

Assistant National Legislative Director Kerry Baker explains that the main benefit to the veteran is a faster, more efficient appeals process.

Shortening the time allowed to appeal a decision would not impose an undue burden on the veteran. The veteran would, of course have to act quicker in filing a notice of appeal, but that means the process could start earlier and, presumably, end earlier.

The veteran would lose no rights currently enjoyed. For example, the veteran would still have the right to request more time to gather buddy statements in support of a claim.

This made no sense to me.  DAV says it would impose no "undue burden" on the vet, yet they would "have to act quicker."  That seems like a burden. 

DAV also says that the vet would "lose no rights."  Of course they would... they'd lose the right to a one year appeal time.

To try to put further perspective on this, I asked an attorney who practices veterans' law to provide his thoughts.  I think you'll find his take on this quite interesting, and we don't exactly agree on the issue.

                            click for more information -- a disabled veteran owned business

A couple of comments:

(1) the limiting time here is how long the VA takes to resolve claims, not how long VA waits for vets to file appeals. Even, if every vet filed his/her NOD the day after a denial the length of time VA takes to resolve the appeal is unaffected (unless it gets longer as described below). See the BVA annual report summary of times for each stage of the process. If I recall of the 7+/- years for an appeal up through a Court decision, the vet is responsible (on average) for much less than a year.

(2) the data I have seen indicates that the vast majority of vets submit an NOD relatively quickly after a denial and certainly within the first 6 months - this change could not possibly impact them, at least not positively (see below).

(3) those who now take longer than 6 months will now be lumped in with the others in the six month window - without more claims being adjudicated, the result must be a larger, not smaller pile of claims awaiting adjudication. Higher pile = longer wait for many in the pile.

(4) Overlooks the theory -- well- explained by Mr. Jarvi -- that work expands to fill the time.

That said, I am not a big fan of the long time to appeal - no real advantage to a vet as I see it AND gives false sense of time to act, which often results in forgetting to do anything. Other citizens can make health and legal decisions in 30, 60, or 120 days in "real" courts - are we too dumb. stupid, fragile to do the same???

Not to mention, it gives VA the cover to do just what it is doing now - blaming the vets for delay.

OK... there's a look at the pros and cons of cutting the appeal time in half.

What are your thoughts on this?

Comment below.

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posted by Larry Scott
Founder and Editor
VA Watchdog dot Org
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