U.S. Capital

Coast Guard Veteran Faced With Denials of Veterans Disability

Dec 28, 2017

Tampa, FL (Law Firm Newswire) December 28, 2017 – While serving in the Coast Guard, a man injured his back as he was fixing buoys at sea. Following his discharge, he filed a request for veterans disability benefits. However, he was repeatedly denied benefits by the Department of Veterans Affairs, despite his appeals. He also received letters stating that the department had lost his files. According to The New York Times, 34 years later, Jonathan Bey still has not received his benefits.

Bey, who is currently 61, said he was forced to resign from his civilian job 10 years ago because his injury worsened. He is now dependent on his wife’s income and pain medication. The veterans benefits system, which is a century old, has been marked by abuse, reforms and regulations. It distributes over $78 billion annually to almost five million beneficiaries. However, there are over 470,000 veterans who, like Bey, have been issued denials of benefits and have filed appeals. But the time in which it takes to process cases is lengthy, lasting years and even decades.

Tampa, Florida veterans lawyer David W. Magann says, “In cases such as this, veterans disability applicants are encouraged to employ the services of a veterans disability lawyer.” “Applicants who have legal representation are more likely to realize a positive outcome in their application for veterans disability benefits.”

Military records indicate that following his injury while serving in the Coast Guard, Bey was treated in an Air Force hospital for four days, and that during his last five years of service, he suffered intermittent spasms that weakened his condition. Then, in 1983, when he presented a claim to obtain free medical care and a small pension for his back from the Department of Veterans Affairs, the department replied via letter stating it found no evidence in his exit physical exam that revealed the injury. He filed an appeal in which he requested that the department review his complete medical file. The department denied his request.

Bey then searched the National Archives, outside Washington, and discovered records of his hospitalization, which he submitted. The department issued another denial. When a civilian doctor performed X-rays and wrote a letter detailing the injury to his spine, the department denied his claim. He received another denial upon filing an appeal with the Board of Veterans Appeals. In 2016, his benefit was granted. However, a department error in the date of the initial claim removed decades of back pay. He filed an appeal.

The problems within the Department of Veterans Affairs have prompted new legislation that will hopefully result in faster appeal decisions and reverse a backlog of appeals.

Learn more at http://www.floridasocialsecurity.com/

David W. Magann, P.A.
Main Office:
156 W. Robertson St.
Brandon, FL 33511
Call: (813) 657-9175

Tampa Office:
4012 Gunn Highway #165
Tampa, Florida 33618

View Larger Map

  • Be Aware of How You Could Lose Your Social Security Benefits
    1.Cessation of Disability: Usually a “cessation of benefits” occurs when you are not seeking regular and continuing treatment for the medical problems in the original determination for the grant of benefits. Also, if you are able to make enough money to pass above a certain threshold earnings amount, then you’ll stop getting disability benefits. For […]
    NEW MENTAL LISTINGS Effective: January 17, 2017 After a revision of the Diagnostic and Statistical Manual (DSM), and thousands of public comments later, the Social Security Administration (SSA) has published significant revisions to its mental impairment listings.  SSA had issued a Notice of Proposed Rule Making in August 2010, proposing what at the time appeared to be […]
  • SSA is Heading For Delays Again After Recent Cutbacks & Years of Improvement
    Service Cuts, Computer Problems Cloud Social Security’s 79th Birthday: The Social Security Administration should have reason to celebrate. After all, August 14, 2014, marked the 79th anniversary of the day when President Franklin Roosevelt signed the Social Security Act, which ushered in the landmark entitlement program. However, the agency’s birthday was a less than cheerful […]
  • SSA is Ramping Up Disability Reviews in 2014
    The Social Security Disability Benefits Reform Act of 1984 (“DBRA 1984”) was passed by a unanimous, bipartisan vote in the House and Senate (99-0) in September 1984. President Reagan signed the law on October 9, 1984, when it became Pub. L. No. 98-460. One of the main provisions required “medical improvement” before benefits could be terminated where […]
  • Never Allow A Non-Attorney to Represent You At Your Social Security Hearing!
    You should NOT have a non-attorney clerk at your hearing?  This seems obvious, but several Florida law firms and any company identifying themselves as “Experts”, some who are advertising on TV, are sending non-attorney clerks to Social Security Hearings simply because its cheaper for them to do so rather than have an actual attorney appear. How in […]