Video instructions and help with filling out and completing When Form 8453 S Bulletin

Instructions and Help about When Form 8453 S Bulletin

Good afternoon this is Brad Hennings here at Chisolm Chisolm in Kilpatrick and we're doing a facebook live talk today about the claims and appeals of backlog for VA benefits joining me are two attorneys at the firm crystal McDonough Ginn and Lindy Nash and they're both gonna be joining me in discussing this very important topic just to let you know if you have any questions as we're going along please leave a comment there on Facebook or leave a question and we'll try to answer it as we can if you're getting this when it's not live you can do the same and we'll try to get back to you please also visit our website at the CCK law comm or contact us for any reason really so let's get started talking about the VA claims and appeals backlog so Lindy what is the Veterans Benefits Administration and how does it fit into VA as a whole sure so the VA actually is made up of several different parts there are several administration's within the VA and so the VBA the Veterans Benefits Administration is just one part of the VA the VHA which is the Veterans Health Administration is within the VA as well as the National Cemetery administration and others so the VBA is just one part but what the VBA does is that it actually oversees a variety of different benefits and that's everything from compensation to pension fiduciary issues education benefits insurance even so that's kind of where the VBA fits into the VA so there are the benefits people as opposed to the Veterans Health Administration which handles health care yep exactly okay so Christian there's this claims backlog and there's an appeals backlog at the Veterans Benefits Administration so what's the difference yeah so a claim is just like it sounds it's an initial claim if you were to file a claim for service connection you can file a claim on the form you'd submit it to the appropriate office and that would be considered a claim once your claim for service connection gets a little further into the process you'd get a reading decision that you wouldn't agree with and you file notice a disagreement as soon as you file that notice of disagreement it goes from being a claim to being an appeal it's like magic exactly it's a magical act the notice of disagreement so how long do veterans typically wait for a decision on their VA disability claim yep um so it varies you know I've seen different things but typically the average is about 120 days which comes out to about four months and so again that's an average sometimes it's less than that it could be more but typically 120 days is what it takes from a claim to make it to a radio decision so that's a claim but what how long does it take for an appeal you have someone appeal once you file that you know magickal n OD that we just mentioned it can take up to three years actually for your next decision and whether you know that could be the SOC the statement of the case it really depends but typically it could take up to three years which is a long time and then if you're headed to the board it could even take up to five years so it is quite a long waiting period so would you say the board is at the board of veterans Appeals yes the board of veterans appeals correct and that's separate from the Veterans Benefits Administration yes in the process okay so let's talk a little bit about what counts as a backlog claim they're talking about the claim backlog yeah absolutely so five days more than the average amount of time that it takes to process a claim so 125 days is for reasons I don't think we exactly know the magic number of when a claim becomes officially backlogged that's rather convenient is it which is 120 days in a backlog is over under 25 days exactly so now so that's just an average yep that is that correct I believe so yeah okay so when did the claims backlog reach its peak so it reached its peak in March of 2013 with six hundred and eleven thousand backlog claims and I think that we're pulling up a graphic and as you can see the peak is noted as the peak with a little dot March 2013 600 11,000 claims that's a tremendous number of claims that were pending that were backlog so yeah do we know why there was this huge backlog of claims I don't we don't know exactly why but I think we have some idea why and what we think why it happened so most importantly and you can see that I'm just referring to the piece of paper that I have so I can refer to the graphic most importantly the secretary added three presumptive conditions for its spores exposure to Agent Orange in 2010 it was a schema karte disease it was Parkinson's disease and then also chronic b-cell leukemia so when the secretary adds a presumption anyone who was exposed to Agent Orange so anyone who had stepped foot in Vietnam if you have that disability you can automatically be granted service connection for that disability with very little other questions asked so all of those individuals were filing those claims although it is relatively automatic you know it takes time to go through the VA process into processes so that's one of the reasons we think the the claim backlog spiked also VA data showed that the claims were coming becoming increasingly more complicated it wasn't just I hurt my left leg please give me a service connection for left leg and I'm looking at the statistics right here over the past 10 years there was a 200% increase in