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Military, War, and Peace Commons

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Health Law and Policy

University of Massachusetts School of Law

Journal

Regulatory

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Full-Text Articles in Military, War, and Peace

Goals Vs. Deadlines: Notes On The Va Disability Claims Backlog, Daniel L. Nagin Mar 2015

Goals Vs. Deadlines: Notes On The Va Disability Claims Backlog, Daniel L. Nagin

University of Massachusetts Law Review

Drawing primarily on policy considerations, social science research, and the relevant statutory and doctrinal frameworks within veterans benefits law, this article argues that Congress should subject the U.S. Department of Veterans Affairs (VA) to a clear and enforceable deadline for making initial eligibility determinations on claims for service-connected compensation. Despite widespread media coverage of delays in VA’s adjudication system and countless oversight hearings and congressional proposals for reform, this simple idea – to impose a hard deadline upon VA has either been overlooked entirely or drowned out by a preoccupation with other types of legislative responses to the VA claims …