NYLAG has joined other legal services providers in filing an amicus brief in support of a lawsuit filed by US veterans seeking to compel the Veterans Administration to promptly decide VA compensation appeals that have been pending more than one year, when the case involves a veteran facing medical or financial hardship. There are currently more than 470,000 pending appeals before the department for denials of disability claims, and the average delay is six years. Only 18 percent of appeals are ultimately denied, indicating that more than 80 percent of veterans facing delays are being wrongfully deprived of disability benefits that they earned through their service. The brief addresses the due process harms of the unreasonable delay on amici’s clients, who face acute financial hardships, homelessness, and increased health problems while they wait for the disability benefits they need to survive.
Read the amicus brief here: