Historic Lawsuit Challenges Unacceptable Delays

Historic Lawsuit Challenges Unacceptable Delays in Delivering Benefits to America's Veterans by Department of Veterans Affairs

Vietnam Veterans Of America & Veterans Of Modern Warfare Fight For Faster Benefit Decisions And Interim Benefits 'Lifeline'

WASHINGTON, Nov. 10 /PRNewswire-USNewswire/ -- Today, two groups
representing thousands of American veterans, Vietnam Veterans of America
(VVA) and Veterans of Modern Warfare (VMW), announced that they have filed
a lawsuit against the Department of Veterans Affairs (VA). The lawsuit,
which was filed in the United States District Court for the District of
Columbia, seeks to end the unconscionable delays experienced by veterans
when applying for disability benefits. VVA and VMW seek immediate action to
prevent further irreparable harm to our nation's veterans.

The lawsuit demands that the VA provide an initial decision on every
veteran's claim for disability benefits within 90 days and resolve appeals
within 180 days. Additionally, the veterans groups ask that the Court grant
further relief in the form of interim benefits awards in the event that the
VA exceeds these minimum standards of constitutionally-guaranteed due
process. These interim benefits will provide veterans with a lifeline of
support when it is most needed to facilitate reintegration into their lives
back home.

"The failure to expedite veterans' compensation claims creates, at
best, the impression that the nation does not respect its veterans," said
John Rowan, National President, Vietnam Veterans of America. "America's
veterans deserve more, and the VA's failure to fulfill its responsibilities
brings dishonor to our nation and can only make the call of military
service more challenging."

The VA acknowledges that it takes an average of at least six months to
reach an initial decision on an average benefits claim; the actual delay is
closer to a year. Appeals of these initial decisions, which are reversed
more than 50 percent of the time, take, on average, more than four years,
with some stretching 10 years or more. In contrast, private healthcare
plans - which process more than 30 billion claims a year - process claims
and related appeals in less than three months.

"As a matter of both policy and practice, the VA subjects veterans to
long delays before receiving any of the benefits to which they are
entitled," said Donald Overton, Executive Director, Veterans of Modern
Warfare. "Our hope is that this lawsuit will compel the VA to process
veterans' benefits claims more quickly and honor our nation's commitment to
those that have defended and served."

"All veterans will benefit significantly from the legal action of VVA
and VMW," said Robert Cattanach, Partner, Dorsey & Whitney. "The
intervention of VVA and VMW is necessary because under federal law
individual veterans are not allowed to access the judicial system. Dorsey &
Whitney is committed to helping America's veterans quickly secure the
benefits they have earned from the VA."

There are approximately 25 million veterans of the U.S. Armed Forces
alive today. More than 7 million of those veterans are enrolled in the VA's
healthcare system, and approximately 3.4 million veterans receive benefits.
More than 600,000 VA benefits claims are backlogged - this number will only
increase as the 1.7 million troops that have served in Iraq and Afghanistan
continue to return home.

"A soldier's transition to civilian life is challenging. The VA's
failure to diagnose PTSD promptly and accurately, and the corresponding
delay in the award of benefits, plainly results in veterans being denied
this critical lifeline," said Dr. Charles R. Figley, PTSD expert and
author, of Tulane University. "VVA and VMW's lawsuit will help to reduce
this additional and, in many cases, unmanageable stress for veterans."

According to the VA, the suicide rate among individuals in the VA's
care may be as high as 7.5 times the national average. Delays in awarding
benefits to America's veterans increases the suffering of individuals
already struggling with an inability to cope, as the seemingly endless wait
for the VA to make a final decision on a claim magnifies the alienation and
anxiety that they experience. For example, the inability to provide basic
subsistence support significantly impacts a veteran's ability to maintain
economic stability, seek and gain employment, provide and sustain a home,
or care for a family. As a consequence, there is a substantial increase in
the number of broken families, cases of homelessness and depression caused
by the failure to provide disability benefits on a timely basis.

Vietnam Veterans of America

Vietnam Veterans of America (VVA) is the nation's only congressionally
chartered veterans service organization dedicated to the needs of
Vietnam-era veterans families, as well as to the needs of other veterans
and their families. VVA's founding principle is "Never again will one
generation of veterans abandon another." Visit the VVA online at
http://www.vva.org/.

Veterans of Modern Warfare

Veterans of Modern Warfare (VMW) is a veterans service organization
dedicated to serving our nation's most recent war veterans. Our purpose is
to support veterans and their families by providing education and
information about the benefits America's veterans have earned, assistance
in obtaining benefits, advocacy in issues important to our generation, and
camaraderie through locally based, national chapters. Visit the VMW online
at http://www.vmwusa.org/.
Vietnam Veterans of America

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