New appeals process for local veterans denied benefits

PITTSBURGH — The U.S. Department of Veterans Affairs on Monday implemented a new policy meant to shorten the time it takes to resolve disability claims.

But Marine veteran Sean Kelly, who described the VA's appeals process as "pretty bad," is skeptical of the Veterans Modernization Act.

Kelly served in Iraq as a machine gun section leader for the 1st Battalion, 9th Marines, Charlie Company.

He was diagnosed with pericarditis, inflammation of the heart, a documented side effect of the smallpox vaccine.

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Kelly couldn't work. He filed for VA benefits for a vaccine-related injury and was denied. He's been appealing for 3 1/2 years.

The VA wants to cut the appeals process from the current three-to-seven years down to one year or less.

Starting this week, veterans who are denied benefits are offered three options:

• Request their application get another look.
• Submit additional documentation.
• Appeal directly to the VA Board of Veterans Appeals.

The board hopes to complete the first two options in an average of 125 days. The goal for the third option is a year or less.

"We really think this will be a better system and will be able to adjudicate quicker," Cheryl Mason, chair of the VA Board of Veterans Appeals, said. "We have added more personnel this year and we’ve increased technology."

While many veterans believe the VA rubber stamps denials on the first pass, Mason said that's not how it works.

"That is not what we do," she said. "The VA takes a look at the evidence and applies the law to that evidence."

In 2018, the VA made 85,000 appeals decisions, a 62 percent increase over the year before, according to government data.

Mason said 56,000 veterans received $214 million in retroactive benefits.

Sean Kelly wasn't one of them. He's now on his third appeal.

Cox Media Group