Open Access. Powered by Scholars. Published by Universities.®

Disability Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2019

Journal

Labor and Employment Law

SMU Law Review

Articles 1 - 1 of 1

Full-Text Articles in Disability Law

Delay, Deny, Wait Till They Die: Balancing Veterans’ Rights And Non-Adversarial Procedures In The Va Disability Benefits System, Hugh Mcclean Jan 2019

Delay, Deny, Wait Till They Die: Balancing Veterans’ Rights And Non-Adversarial Procedures In The Va Disability Benefits System, Hugh Mcclean

SMU Law Review

The refrain “Delay, Deny, Wait Till They Die” is more than a slogan for disabled American veterans. It is a battle cry for soldiers, sailors, and airmen who have long put aside their armaments but remain entangled in the unending appeals process of the Department of Veterans Affairs’ (VA) disability benefits system. When Congress created a system for the fair and equitable distribution of military benefits, it did so with the intent that the system be non-adversarial. Congress did not want disabled veterans pitted against the nation that they had sought to defend in litigation over disability benefits. However, defining …