Delaying Veterans Claims For a Claims File

Veterans’ attorneys can get paid a reasonable fee for review of a claims file. As a result an attorney requests a claims file from VA. The receipt of a claims file could take months, sometimes years for an attorney to actually receive it. Meanwhile, on many occasions the attorney does not accept the claim until review of the claims file. The date of filing is of paramount importance when considering a veteran’s claim since a veteran can only receive a back check back to the date of filing. A delay waiting for the claims file financially affects the veteran in a negative way. Sometimes, an attorney can address the filing date problem by filing an informal claim, but it doesn’t always happen. An informal claim is only good for one year until it has to be formalized anyway. Unless an attorney waits for there to be a decision, the attorney fees for the review of the claims file is a deterrent against veterans that live from week to week, or are otherwise in financial hardship; in addition to the financial cost in waiting for a claim to be filed when the claim could be developed into a plausible basis claim. “Wait and see” may be in the VA’s and the attorneys’ best interest, but sometimes it is not in the best interest of the veteran.

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