Veterans’ Claims Mishandled and Reexamined

Posted July 15, 2016

In June, the Department of Veterans affairs announced that close to 25,000 veterans from all over the country were now eligible to have their traumatic brain injury claims re-examined after finding that these claims were had not been properly evaluated the first time around. Sadly, traumatic brain injuries have been described as the “signature wound[s]” for those who served in both the Iraq and Afghanistan wars.

In 2007, the Veterans Administration developed a policy that required a specialist—either a psychiatrist, neurosurgeon, or neurologist—to complete the traumatic brain injury exam if a prior diagnosis was missing. However, after many veterans’ exams were performed by other medical providers between 2007 and 2015, some of their claims were unfairly denied; so much so that following a review of these exams, the Administration’s Secretary decided to grant “equitable relief” to these veterans, remarking that veterans suffering from these injuries had been let down. This realization was likely spurred by members of the House Veterans Affairs Committee, who had called for a national investigation into the issue.

Bad Faith?

When insurance companies deny injury claims in this manner, many call it “bad faith,” as you, the citizen, pay for a policy in order to be provided with some level of protection, and that company has a duty to provide that protection (in exchange for this paid-for-policy) and settle claims in good faith. Weren’t these veterans, in essence, provided with a similar promise for protection?

Malpractice?

Many might label what happened to these veterans as malpractice directly linked to injury claims: specifically, many of these veterans were misdiagnosed by medical professionals who were in no way qualified to diagnose or treat traumatic brain injuries in the first place.

If You Are a Veteran Suffering From a Traumatic Brain Injury

The Administration has announced that eligible veterans identified as part of the national review must now be contacted so that they all receive an opportunity to receive a new exam and have their claims reprocessed. Veterans are now able to receive new examinations without first having to submit new claims, but, if additional benefits are needed, the Administration plans to use the date of the initial claim in order to allow those benefits to be used.

Contact Our Injury Claim Attorneys for Help

Of all the individuals denied the benefits they were promised, veterans should not have to worry that they may or may not be able to cover expenses related to traumatic brain injuries sustained while they served their country. Denying these veterans coverage for their traumatic brain injuries is unfair, as these injuries can be extremely debilitating and even lead to death.

Contact An Oklahoma Lawyer

If you’ve found yourself in this situation, you may wish to consult an experienced attorney to discuss your options. At our Oklahoma-based firm, we provided legal advice and representation to individuals who‘ve had their injury claims denied in bad faith for years. We can help you with any and all wrongfully denied claims. Contact us today by calling our Oklahoma offices at (405) 272-0303 for a free consultation.