FOR IMMEDIATE RELEASE: November 22, 2005

CONTACT: Geoffrey Collver @ 202/225-9756

 

 

 

 

 

 

                   http://veterans.house.gov/democratic/welcome.htm

 

EVANS ENCOURAGES ILLINOIS DISABLED VETERANS “WHO FEEL SHORT-CHANGED” TO REQUEST REVIEW OF OLD VA DECISIONS

 

Washington, D.C. – Congressman Lane Evans (D-IL) today praised a provision included in the recently passed Military Quality of Life and Veterans Affairs Appropriations Act of 2006 that requires the Department of Veterans Affairs (VA) to provide individual notice to service-connected disabled veterans in Illinois and five other midwestern states concerning review of their VA claims. The notice requirement provision was introduced by Illinois Senators Richard Durbin and Barack Obama.  Evans encourages “Illinois service-connected disabled veterans who feel short-changed by an earlier VA decision to promptly seek to have their claims reopened.”

 

Evans cautions that while the legislation requires notification to veterans in states such as Illinois which have historically had the lowest average payments to veterans, it does not change the legal requirements for obtaining retroactive benefits.  Unless a veteran can establish that an earlier decision was due to “clear and unmistakable error” or that an earlier claim had been ignored by the VA and never decided, it is not likely that any retroactive benefits will be paid.  A finding of clear and unmistakable error is based upon evidence in the file and the governing law at the time the original decision was made. 

 

However, Evans said “veterans who can establish that their current service-connected disability entitles them to a higher level of benefits than they are currently receiving will be eligible for additional money.”   In some cases, a veteran’s service-connected disability has worsened or caused other disabilities since the claim was decided.  Illinois has had a relatively low number of veterans who have returned to the VA for re-evaluation of their disabilities.  “Because in most cases the benefits will be paid from the date the veteran requested reopening or filed a new claim, veterans who receive a higher rating will lose money if they delay in requesting review,” cautioned Evans.

 

Evans, the senior Democratic member of the House Committee on Veterans’ Affairs, praised Senators Durbin and Obama for their efforts in getting the legislation passed by the Congress.  Evans believes that Chicago Regional Office has improved its handling of new claims and that providing notice to veterans in low-paying states, such as Illinois, will help to assure that all service-connected Illinois veterans have the opportunity to benefit from such improvements.  “All veterans deserve to have their claims decided equitably and fairly,” said Evans.