More than 112,000 veterans have already submitted new disability compensation claims following the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. This was since August of 2022.
The PACT Act expanded eligibility for various illnesses and diseases attributable to toxic exposure during military service. Early estimates indicated that 3.5 million veterans may be eligible to file disability claims.
In February of 2023, the Department of Veterans Affairs (VA) reported that it had a backlog of over 200,000 undecided disability compensation cases.
According to the VA, the average appeal is taking 440 days for a decision to be rendered.
Congressional Representatives Morgan McGarvey and Juan Ciscomani, both members of the House Committee on Veterans Affairs, have proposed bipartisan legislation, H.R. 1378, the Veterans’ Appeals Backlog Improvement Act to drastically improve the situation.
This proposed legislation is a nine (9) year pilot honor program to have the Board of Veterans Appeals (BVA) recruit law school students, law school graduates, and entry level attorneys for VA employment.
The VA has a difficult time hiring and retaining legal personnel, who are vital to adjudicating the disability compensation claims of veterans.
According to H.R. 1378, each newly hired legal employee in the pilot honor program who agrees to remain in the VA for at least three (3) years will qualify for student loan repayments benefits under federal law.
H.R. 1378 will also create a pilot internship program to give high-achieving law students an opportunity to gain experience with the BVA.
Those law students who successfully complete the BVA’s internship program would be given priority consideration for other assignments and programs.
“These programs will enlist our brightest legal minds to assist the Board of Veterans’ Appeals with overcoming this unacceptable backlog (of disability claims),” stated Congressman Ciscomani. “It will also offer aspiring public servants an invaluable opportunity to serve their country.”
This bipartisan legislation is supported by several veterans’ service organizations (VSOs), such as the Vietnam Veterans of America (VVA) and the Disabled American Veterans (DAV).
“DAV has long called on Congress and the Department of Veterans Affairs to support significant and meaningful reforms aimed at addressing the growing backlog of VA claims and appeal processing,” said DAV National Service Director Jim Maszalek.
“DAV is proud to support this legislation and applauds Reps. Ciscomani and McGarvey for their bipartisan leadership on this important issue,” stated Service Director Maszalek.
“We have a responsibility to look after our veterans, especially those who have sacrificed so much for our country,” concluded Ciscomani. “No veteran should be forced to wait for vitally important disability payments.”
My Opinion: The VA has dealt with a claims backlog for many years, but the influx of new 112,000 PACT Act claims and existing related appeals have overwhelmed the VA and the BVA.
The situation will continue to get worse in the future as more and more PACT Act disability claims are filed.
Although Secretary of Veterans Affairs Denis McDonough responded to the PACT Act by hiring hundreds of employees to process the claims, the key to resolving the situation is hiring qualified attorneys and law school students to address this backlog.
Having a disabled veteran wait 440 days before the Board of Veterans Appeals decides is totally unjustified.
The goal of H.R. 1378 is to minimize the backlog and make sure veterans are rendered just determinations on their appeals. They have earned this benefit by their sacrifices to our Nation.
Passing this bipartisan legislation will certainly assist the appeals process.
Please join with the Vietnam Veterans of America (VVA) and the Disabled American Veterans (DAV) in supporting H.R. 1378, the Veterans’ Appeals Backlog Improvement Act.
BioSketch: John Plahovinsak is a retired 32-year Army veteran, who served from 1967 to 1999. He is the current Disabled American Veterans (DAV) Department of Ohio’s Hospital Chairman and can be reached at: [email protected].