Congressmen Donnelly And Upton Introduce Legislation To Reduce Veteran Wait Time In Receiving Disability Benefits

Washington, D.C. -  This week, Congressman Joe Donnelly (D-South Bend) introduced legislation co-sponsored by Congressman Fred Upton (R-St. Joseph) that aims to provide quicker and more efficient processing of veterans service-connected disability claims.

H.R. 1490, The Fairness in Veterans Disability Benefits Act, is the first piece of legislation Donnelly has introduced in the U.S. House of Representatives.

“Requiring disabled veterans to navigate endless red tape and endure extensive delays before giving them benefits is inexcusable,” Donnelly said. “When our men and women complete their service to their country, we need to care for them in a manner that reflects their service to America. This bill makes sure we can do that. As the son of a veteran, I’m proud that my first piece of legislation can help our Hoosier veterans get the benefits they deserve in a timely way. They’ve earned the benefit of the doubt.” 

“It is alarming to hear that after our brave sons and daughters have sacrificed so much serving in Iraq and Afghanistan, they return home only to encounter endless delays in their efforts to receive disability benefits, an average of 177 days to be exact,” said Upton.  “Our veterans deserve better, and this common sense legislation streamlines the claims process and ensures that our vets receive an immediate benefit upon filing their disability claim.  The current backlog in delivering benefits to our disabled vets is unacceptable - we can and we must do better.”

The aim of the legislation is to streamline the process through which all veterans learn whether their injuries are considered service-connected under existing law.  Currently, a veteran must prove to the Veterans’ Benefits Administration (VBA) that his or her disability is service-connected in order to receive benefits.   This process is lengthy and, as of the end of 2006, had resulted in a backlog of 400,000 cases. That number is expected to increase exponentially as an estimated 44% of the 1.4 million troops who have served in Iraq and Afghanistan will need some form of disability relief. 

To address the current backlog and provide for the anticipated increase in service-connected disability claims, H.R. 1490 fundamentally changes the way these claims are processed. Under H.R. 1490, the veteran is immediately awarded a median benefit until the actual amount is determined by an auditing process that ensures the accuracy of claims.  The claim of disability is presumed to be service-connected unless the Veterans’ Benefits Administration can provide evidence to the contrary.  


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