Posted on Nov 18, 2018
Do you think a federal class action lawsuit should be brought for damages for veterans suffered injury due delay of their federal benefits?
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See https://d1k1njn7we6ot0.cloudfront.net/wp-content/uploads/ [login to see] 2425/Monk-v-Shulkin-amicus-brief-as-filed.pdf Current Delays in Veterans Benefits Appeals Violate Due Process........................ 5
A. The VA’s Delays Have Substantial Consequences For Veterans. ..................... 7
1. Veterans experience financial hardship, homelessness, threats to safety,
and increased health problems while they wait long periods for appeals
to resolve their entitlement to disability benefits.
2. Veterans experience hopelessness and emotional strain from the
injustice of denials and the indifference to their disabilities delay
represents. .............................................................................................. 15
3. Delays in veterans’ appeals undermine the effective and accurate
adjudication of their claims
B. The Government Has Offered No Justification for the Delay.......................... 20
C. The Likelihood that the Original Denial of Benefits Was Mistaken Is High Due
to Common Errors During the Initial Claim Period. ........................................ 22
II. Congress Has Recognized That the Delays Are Unacceptable.............................. 25
2018 https://d1k1njn7we6ot0.cloudfront.net/wp-content/uploads/ [login to see] 2425/Monk-v-Shulkin-amicus-brief-as-filed.pdf I am used initials A.H. as one of other veterans who damaged by this process after honorable service
A. The VA’s Delays Have Substantial Consequences For Veterans. ..................... 7
1. Veterans experience financial hardship, homelessness, threats to safety,
and increased health problems while they wait long periods for appeals
to resolve their entitlement to disability benefits.
2. Veterans experience hopelessness and emotional strain from the
injustice of denials and the indifference to their disabilities delay
represents. .............................................................................................. 15
3. Delays in veterans’ appeals undermine the effective and accurate
adjudication of their claims
B. The Government Has Offered No Justification for the Delay.......................... 20
C. The Likelihood that the Original Denial of Benefits Was Mistaken Is High Due
to Common Errors During the Initial Claim Period. ........................................ 22
II. Congress Has Recognized That the Delays Are Unacceptable.............................. 25
2018 https://d1k1njn7we6ot0.cloudfront.net/wp-content/uploads/ [login to see] 2425/Monk-v-Shulkin-amicus-brief-as-filed.pdf I am used initials A.H. as one of other veterans who damaged by this process after honorable service
Justice
CG-LGL10: Legal
Rights
Benefits
Department of Veterans Affairs (VA)
Edited 6 y ago
Posted 6 y ago
Responses: 6
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I don't see a lawsuit fixing anything. The lawsuit is going to ask for one or two things: money or change.
If we punish the VA by taking more money away then you're just hurting additional veterans.
If the outcome of the lawsuit is that the VA must act on what they are already supposed to be doing, then nothing will have changed. They are already under Direction from Congress to change and make things better.
It is not a matter of the VA being unwilling, it's a matter of it being incapable. The VA is one of the largest organizations in the entire world. There really is no other organization to model off of and so there is no clear path to success. That's why we have had so much turnover in leadership over the last two decades.
If we punish the VA by taking more money away then you're just hurting additional veterans.
If the outcome of the lawsuit is that the VA must act on what they are already supposed to be doing, then nothing will have changed. They are already under Direction from Congress to change and make things better.
It is not a matter of the VA being unwilling, it's a matter of it being incapable. The VA is one of the largest organizations in the entire world. There really is no other organization to model off of and so there is no clear path to success. That's why we have had so much turnover in leadership over the last two decades.
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PO3 Aaron Hassay
Examples
https://law.yale.edu/clinics/vlsc
https://law.yale.edu/studying-law-yale/clinical-and-experiential-learning/our-clinics/veterans-legal-services-clinic/camp-lejeune
I believe everyone should be proud of the third branch of our government the judicial branch.
Without it how is the common citizen supposed to affect their civil rights when wronged by another citizen? How is the system of government supposed to improve without independent 3rd party analysis that can award damages and change systems?
Here is a good history where class action lawsuits helped veterans and service members alike.
"The Agent Orange Settlement Fund was created by the resolution of the Agent Orange Product Liability Litigation - a class action lawsuit brought by Vietnam Veterans and their families regarding injuries allegedly incurred as a result of the exposure of Vietnam Veterans to chemical herbicides used during the Vietnam war"
https://law.yale.edu/clinics/vlsc
https://law.yale.edu/studying-law-yale/clinical-and-experiential-learning/our-clinics/veterans-legal-services-clinic/camp-lejeune
I believe everyone should be proud of the third branch of our government the judicial branch.
Without it how is the common citizen supposed to affect their civil rights when wronged by another citizen? How is the system of government supposed to improve without independent 3rd party analysis that can award damages and change systems?
Here is a good history where class action lawsuits helped veterans and service members alike.
"The Agent Orange Settlement Fund was created by the resolution of the Agent Orange Product Liability Litigation - a class action lawsuit brought by Vietnam Veterans and their families regarding injuries allegedly incurred as a result of the exposure of Vietnam Veterans to chemical herbicides used during the Vietnam war"
Veterans Legal Services Clinic - Yale Law School
Veterans Legal Services Clinic
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