A recent report by the Government Accountability Office (GAO) found that, in some circumstances, the Department of Veterans Affairs (VA) used out-of-date criteria to make assessments about disability benefits. This meant, in some cases, that veterans may have gotten more benefits than they should have been entitled to, or that they may have far less benefits than they deserved (or, in some cases, may have been unfairly denied entirely). The report sets forward a number of recommendations for fixing these issues, to ensure that this happens far less.
GAO Report Uncovers VA Using Antiquated Standards
In a report published on Wednesday, January 14, the GAO said it had found evidence that the VA was still using criteria originally established in 1945 to make determinations about disability benefits as recently as last year. These criteria are based on extremely out of date understandings about medicine, science, and the impact of military service on veteran health. This has led to systemic issues that caused the VA to make mistakes about what benefits a veteran may be entitled to, and whether they qualify for benefits at all.
Recommendations for Fixing Issues
The GAO report puts forward a number of recommendations on how to fix the uncovered issues, including rules changes that are meant to bring the VA more up to date. This includes updating the agency’s knowledge base to bring it up to modern medical standards, and in particular to ensure it is appropriately assessing service-connected disabilities. It also recommends updating information on earnings losses related to disabilities, which are also grossly out of date.
How This Has Impacted Veterans
As a result of this outdated information, veterans around the country may have received incorrect benefits due to faulty assessments from the VA. While this may have benefitted some by giving them more than they should be entitled to, many more may have been shortchanged by the VA and denied benefits they should have deserved. It may also have led to some people being unfairly denied benefits due to the outdated criteria used in their disability assessments.
What You Should Do
If you or someone you love has applied for VA benefits, and you believe you have received less than you deserve, you may be able to appeal your ruling. That is why you should speak to a lawyer with experience handling VA disability claims. They can help review your case and ensure you get the best possible outcome for your situation.
The attorneys of Sullivan & Kehoe place a special focus on assisting disabled veterans. Our veterans’ disability lawyers are still available for remote consultation on your legal issues. Call our office at (800) 395-7830 to schedule a consultation in our New York City, Garden City, Kings Park, Riverhead, or White Plains office, or visit our contact page.
