Document Type
Article
Abstract
The veterans’ benefits system often describes itself as non-adversarial, meaning that the government is supposed to work with the claimant to provide them all benefits they are entitled to, rather than fighting to minimize what they receive. True enough, there are many unique features of the system that help veterans. But many of these features do not work as intended, and rules have developed at all stages that make it harder for veterans to recover. Moreover, as with any human institution, staff fall short, offices get overwhelmed, and gross delays pile up. This Article surveys the numerous ways that the system makes it harder for veterans to prevail and calls into question just how benevolent the process is. It highlights the extreme difficulty of creating a system that is accurate, speedy, and fair.
Recommended Citation
Nino C. Monea, Just How Paternalistic is the VA? An Examination of the "Non-Adversarial" Veterans' Benefits System, 126 W. Va. L. Rev. 77 (2023).