Today, VA proposed updating its fee process in the Federal Register on proposed changes that would allow Veterans, attorneys and claims representatives to more quickly receive their earned fees or benefits.
Veterans and the public have 60 days from today to submit comments on the proposed rule. VA will consider and address the comments in a subsequent final rule that may make these proposed changes final.
Congress authorizes VA to review whether a fee charged to a Veteran or survivor by an attorney or claims representative in a VA benefits case is reasonable. This proposal would ensure the timely resolution of fee disputes by establishing default rules for fee allocation in cases where fees may be payable to two or more representatives or to a representative whose assistance ended before VA granted the claim.
If no one disputes the default allocation, VA will release the fee per the default allocation. If someone disagrees with the default allocation, VA’s Office of General Counsel (OGC) would review the matter and decide on a reasonable fee. OGC’s decision remains appealable to the Board of Veterans’ Appeals.
Nevertheless, all a Veteran would need to do to obtain an OGC determination on a reasonable fee is to file a request electronically or by mail with OGC. Visit the Federal Register to read the proposed regulation.
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Many veteran claims are complicated and difficult to understand the entire process. My disability claim a number of years ago took many months to reach a decision.
I believe the VA should do whatever is necessary to resolve in a timely manner claims including hiring additional staff. There is no free lunch and we must pay additional taxes,if necessary, to expidate this process.
How about not having the process set in stone? For example, it took 4 years, the DAV, a Veteran Disability law group and 3 reviews to finally get my Service Connected Disability. I incurred a lot of debt over those 4 years with ZERO income, due to my Service Connected Disability. Two days before my final hearing, my California lawyer recused himself from my case, as he was no longer going to travel to Louisiana to plead my case. I contacted the local department that was holding the hearing and requested that my hearing continue on schedule. I made a request with the lawyer that he do the same. He complied. In fact, he even wrote them a letter stating that he was no longer entitled to the 20% award for his services, since he recused himself. At I was award Disability, $8k was removed from my backpay and awarded to the lawyer for compensation. All the lawyer did was arrange the hearing through a single request letter. I was not allowed to request this re-hearing, thus the letter had to come from a lawyer. So $8000 for a simple request of process letter, that a Veteran should be allowed to do themselves. Both the lawyer and I contacted the VA to have this corrected. We were both told that IT COULD NOT BE CHANGED BECAUSE IT IS A FEDERAL LAW!. To this day, I have absolutely no idea, as to where MY MONEY went. After paying off my debts, I had little left over to restart my life. If it were not for Family, I would have been Homeless. We have a Government that wholly ignores the Federal Law, treating it so fluidly as to not exist, when it comes to the Border. However, that same Government is so staunch and steadfast to uphold the Letter of the Law when it comes to a Veteran?
Totally agree! Army Veteran, Combat Medic
I think that if a veteran wants to dispute a denied claim that the VA should supply the council to work on behalf of the veteran. This way there is no fee or cost placed on the veteran. A veteran should not have to pay to fight for his/her rights. We have all kinds of departments and organizations that advocate on behalf of the veterans. I think it is a shameful act to deny the veteran and then make them pay to prove their claim. Most can’t afford the cost of an attorney, and end up going without the benefits they deserve or entitled to. We have a whole JAG department that could help these people to find the correct justice. Maybe they don’t have a real claim but in the eyes of the veteran and the public the country let them down and out without fairness.
[Editor: VA does, in fact, encourage the use of a county/state/national VSO. They are free and trained by VA.]
More than 10yrs ago, I tried to ask for an increase in my service connected injury twice, but with my mental health and physical issues, it wasn’t possible. Recently, I asked my local VSO, and he said that he helps 2 other communities, so it would be better if I went to the Regional Office at the JFK bldg in MA. I did, and that person said that they would help me, but I received a letter stating that I need to send in a lot of documents, statements, medical records… I have 3yrs to do this. However, I have depression, anxiety, PTSD and severe insomnia, so it’s very difficult to focus or compile all the documents they require and send them in. This past yr, my physical health has been a little better, but emotionally, it’s worse. I was in a home fire, broke my wrist trying to escape the fire, it hasn’t healed correctly so I need a 2nd surgery, a good friend passed away, another friend was diagnosed w/ Leukemia, my Mom’s health is worse than last yr, among family ‘drama’. I can barely cope, so the idea of dealing w paperwork is ‘overwhelming’. Point is, in my experience, the VSO’s are just paid ppl in the office, passing the buck whenever they can and it’s Veterans who suffer. God help me that 2024 will be a better yr for me.
It sounds like a big payout to people who take monies from veterans!!!
I have said all along that the VA needs to be separated from the Pentagon and then and only then will the VA truly help veterans…..
1- VA becomes a cabinet position separate from the military
2- the VA opens up VA centers on every military base inconus and outconus maned with Doctor, nurse and appropriate staff
3-Every service member separating from services reports to that center on his base to register right there!
4- VA center registers logs all his records and documents right there!
5- VA center sets up his appointments at home right there!
6- no hoops no problems all taken care of right there before he leaves for home from the service!
It’s so simple that nobody wants to do this!!!!!!! it will save time, money no headaches no missed opportunities
Why nobody gets this is beyond me!!!!
[Editor: VA and DoD are separate cabinet agencies. VA is not a part of the DoD’s Pentagon. VA’s TAP programs are on every military installation and are required prior to outprocessing. You can learn more about pre-discharge claims, here: https://www.va.gov/disability/how-to-file-claim/when-to-file/pre-discharge-claim ]
Sounds like you are paying tax dollars to people who are taking monies/ cuts in payouts which is a big boom in money to them alone; just come to a quicker response time and end the backlog. I have said all along that the VA needs to be a stand alone agency free from the Pentagon and a cabinet position!!! then and only then will the VA be able to act responsibly because then they can put a nurse and Doctor and small staff on every military base inconus and outconus just a VA center that can deal with every service member who leaves the service right there, they report there and logs in and registers everything that happened to them and when they get home- they are already in the system! 1- it is documented 2- appointments are made 3- any problems are recorded….. no headaches all around!!! It’s so easy to fix ……..and nobody wants to do this!!!
[Editor: VA was elevated to cabinet status in 1989, and it is not a part of DoD. The TAP program is on every military installation and is required attendance prior to leaving service.]
You really think this will improve and make decisions faster? All you are doing is paying someone else in the VA system to screw things up more, if possible. Your new and improved methods only add more Paid staff to bog down the system just go to work and stop passing the job to someone else.
Efficiency and Common Sense is not this Government’s forte, nor its concern.