When a Veteran is unable to secure and maintain a substantially gainful occupation because of service-connected disabilities, VA policy states that the Veteran should be rated totally disabled—also referred to as total disability based on individual unemployability (TDIU)—for monthly compensation. The VA Office of Inspector General (OIG) conducted a review to determine if claims processors were following policies and procedures and accurately deciding claims for individual unemployability. After reviewing two statistical samples of individual unemployability claims (granted and denied claims), the team found claims processors did not consistently follow policies and procedures when processing these claims, resulting in at least $100 million in improper payments (underpayments and overpayments) to veterans from May 1, 2022, to April 30, 2023. The team estimated that 74 percent of granted TDIU claims and 76 percent of denied TDIU claims completed during the review period had at least one claims processing error. These errors occurred because of inadequate system controls, inconsistent interpretations of VBA’s procedures manual by VBA staff, and claims processors’ limited exposure to individual unemployability claims.
The OIG made seven recommendations to the Under Secretary for benefits to help VBA improve the accuracy of individual unemployability claims decisions. These 7 recommendations included updating guidance, enhancing information systems, improving training, and evaluating workload distribution.
The Disabled American Veterans (DAV) organization has shown exemplary support for Veterans affected by the COVID-19 Pandemic by offering cash grants to alleviate financial burdens. Recognizing the unique challenges faced by Veterans during these unprecedented times, DAV has provided direct assistance through these grants, which aim to cover essential needs such as rent, utilities, and groceries. This initiative underscores DAV's commitment to serving those who have served by providing tangible support when it's needed most. By offering these grants, DAV not only addresses immediate financial hardships but also demonstrates solidarity and gratitude towards veterans, ensuring they receive the assistance necessary to weather the impacts of the pandemic with dignity and resilience.
The use of MDMA, commonly known as ecstasy or Molly, in therapeutic settings for treating PTSD (Post-Traumatic Stress Disorder) represents a promising frontier in mental health care. Recent clinical trials have shown that MDMA-assisted therapy can significantly reduce symptoms of PTSD in individuals who have not responded to traditional treatments. MDMA works by increasing levels of serotonin, dopamine, and norepinephrine in the brain, promoting feelings of trust and reducing fear responses. When administered under controlled conditions and combined with psychotherapy, MDMA helps patients revisit traumatic memories without the overwhelming anxiety typically associated with PTSD, allowing them to process and integrate these experiences more effectively. This innovative approach offers hope for those suffering from severe PTSD, providing a potentially transformative treatment option for improving their quality of life. However, the Food and Drug Administration has posted its initial review ahead of a meeting with some outside representatives that could/would help decide whether MDMA, which is currently illegal under federal law, becomes the drug of its kind to receive approval in the U.S.
The Major Richard Star Act addresses a significant issue faced by many Veterans: the inability to collect both military retirement pay and VA disability compensation concurrently. Currently, veterans who receive military retirement pay must offset their VA disability compensation dollar-for-dollar, resulting in reduced overall income despite service-related disabilities. This policy, known as the "VA offset," has long been criticized for penalizing veterans who have sacrificed for their country. The Major Richard Star Act proposes to gradually phase out this offset over time, allowing veterans to receive both retirement pay and disability compensation without reduction. This change would provide much-needed financial relief to veterans, enabling them to better support themselves and their families while acknowledging the full extent of their service-related disabilities. By eliminating the offset, the Act aims to honor veterans' sacrifices and improve their quality of life, ensuring they receive the benefits they rightfully deserve.
Mistakes by employees at the Department of Veterans Affairs while processing claims for Veterans rated as 100% disabled resulted in around $100 million in improper monthly compensation payments, according to a July report from the VA Office of Inspector General. The roughly $9.8 million in overpayments and about $84.7 million in underpayments to impacted Veterans occurred as a result of claims processors not consistently following policies and procedures, the report said. A rating of 100% for compensation may be assigned even when the overall disability rating is less than 100%, but the Veteran is considered to be unable to get and maintain a job due to service-connected disabilities, the report noted.
The watchdog team reviewed statistical samples and estimated that 74% of claims granted for those with that disability compensation rating, and 76% of those denied, between May 2022 and April 2023 had at least one claims processing error. Whether the Veterans Benefits Administration, the department’s agency which handles the complex financial disbursements, is processing veterans’ claims effectively enough served as the subject of a House panel meeting.
If you have questions or need assistance in claiming a Service-Related benefit, and assistance filing claims, come into the DAV and see your Service Officer.
H.R. 7816, the Clear Communication for Veterans Claims Act. This bill would require the Secretary of the Department of Veterans Affairs (VA) to collaborate with a federally funded research and development center to evaluate the clarity, organization and conciseness of notice letters sent to claimants for VA benefits. This evaluation aims to identify potential reductions in paper use and costs and to improve the understandability of these notices for claimants.
Often times the letters sent to veterans and their families speak a language that they cannot always easily understand. The clarity of the legal information contained in the letters is crucial, and DAV is on record recommending that VA take a look at their letters by concentrating on the language for the reader and not the legal requirements.
This legislation is consistent with DAV Resolution No. 220, which calls for meaningful claims and appeals reform. VA letters should not be structured in a way that induces confusion, anxiety and frustration for veterans.
Veterans who served at Karshi-Khanabad Air Base in Uzbekistan — or K2 — after Sept. 11, 2001, will receive expanded access to disability benefits, The Department of Veterans Affairs announced. The Soviet-era K2 base was used by U.S. soldiers, airmen and Marines as a point into and out of Afghanistan during that war.
The VA announced that it will make “undiagnosed illness” and medically unexplained chronic multi-symptom illness, also known as Gulf War Illness, presumptive conditions for Veterans who served at the installation. That lowers the burden of proof required to receive presumptive benefits.
The VA plans to acknowledge that K2 Veterans were exposed to several contaminants, including jet fuel and lead-based paint, and said it would provide a list of those to all claims processors and examiners. The VA continues to work with the Defense Department to conduct research to identify any additional exposures. If you need assistance in claiming a Service-Related benefit, and assistance filing claims, come into the DAV and see your Service Officer.
On 26 June 2024, President Joe Biden granted clemency using his presidential authority to many former service members under a now-defunct military law that targeted gay service members. Many former LGBTQI+ service members were forced out of the military because of their sexual orientation or gender orientation. The order grants clemency to thousands of service members whose official military records reflect a conviction between 1951 and December 2013. There is an expectation that this pardon may impact thousands of discharged service members.
Once former service members apply for a “certificate of pardon,” they can use it to “apply to have their discharge changed with the relevant military branch,” which for many may unlock, down the road, access to critical benefits. For more information on this process and assistance in filing claims, come to the DAV and see your Service Officer.
The U.S. Army reportedly admitted that a young Veteran suffering from a vaccine injury was injured “in the line of duty.” The Veteran was provided two (2) doses of Moderna, resulting in a debilitating heart condition. The Veteran was discharged from the US Army currently refusing to pay for medical treatment. If you need assistance in claiming a Service-Related benefit, and assistance filing claims, come into the DAV and see your Service Officer.
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