FOR IMMEDIATE RELEASE
Outrage Spurs American Legion Lawsuit Against VA
WASHINGTON (Oct. 12, 1999) - Outraged over an unannounced decision to discontinue helping veterans to file their benefits claims, attorneys representing The American Legion today filed a lawsuit against the Department of Veterans Affairs. The suit was filed in the U.S. Court of Appeals for the Federal Circuit.
In response to a recent ruling by the U.S. Court of Appeals for Veterans Claims (Morton v. West), the Veterans Benefits Administration ordered VA regional offices, in writing, to no longer help veterans develop their requests for disability compensation at the outset of the claims process. The order instead called for the withholding of assistance until the VA would find the claim "well-grounded." The order reversed long-standing VA policy to assist claimants, according to The American Legion's brief.
The American Legion petitioned the court to block the order because it would violate federal statute, judicial precedent, and VA regulations requiring the department to assist veterans. VA regulations also require public notice or comment on major policy shifts, argued the 2.7-million member American Legion, the nation's largest veterans organization.
"It's immoral to make the claims process more difficult," American Legion National Commander Al Lance, attorney general of Idaho said. "It is unconscionable to do it by deceitfully eviscerating existing law. This directive puts the entire financial and procedural burden on the veteran, increasing the probability that solid claims will be rejected on a technicality. That is a disgraceful way to treat the defenders of freedom, many of whom come to the VA wearing the irrevocable wounds of battle."
Chartered by Congress on Sept. 19, 1919, The American Legion's 17,500 service officers represent tens of thousands of claimants a year before the VA. *****
'ABC 20/20' Segment Vindicates Legion's Lawsuit Against VA
WASHINGTON (Saturday, June 3, 2000) - Determined to stop the sometimes shoddy treatment of America's veterans shown in an "ABC 20/20" segment Friday, the nation's largest veterans organization will resurrect its legal battle against the Department of Veterans Affairs.
The ABC piece, "Fighting A New Battle," told the story of a veteran whose claim for service-connected disability benefits was denied because his military health records were not available. An American Legion lawsuit filed Oct. 12 in the U.S. Court of Appeals for the Federal Circuit would have forced the VA to continue helping veterans to develop their claims for benefits. However, the court denied the 2.8-million member Legion's motion to "stay" a VA directive ending long-standing veterans-friendly practices, such as giving the veteran a physical to determine whether a condition is related to military service.
This change in the VA's treatment of veterans stemmed from Morton vs. West, the July 1999 case in which the U.S. Court of Appeals for Veterans Claims ruled that the VA cannot help veterans develop a claim until the VA deems the claim "well-grounded." The plaintiff, Jack Morton, died in May while his case was on appeal to the U.S. Court of Appeals for the Federal Circuit. Lawyers for The American Legion are trying to reactivate the case.
"ABC News showed the nation what The American Legion has been fighting for: A VA that helps rather than harms veterans who may be worthy of compensation and free medical treatment for conditions related to their military service," American Legion National Commander Al Lance said. "On behalf of our nation's veterans, The American Legion will continue to fight. We are determined to win this battle either through Congress or the courts."
The nation's largest veterans organization is lobbying for bipartisan support, and a Senate companion, for H.R. 3193, introduced by Rep. Lane Evans of Illinois, ranking member of the House Veterans Affairs Committee. The measure would re-establish the VA's duty to assist claimants for veterans benefits. To expedite the claims process, The American Legion continues to fight for adequate funding for VA claims personnel.
Copyright©1999 by The American Legion
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