The is struggling with another huge backlog and this time it is not veterans waiting for medical appointments.
Currently, a veteran who has had a disability claim denied must wait - on average four to five years - for an appeals hearing. VA Secretary that will grow to a 10-year backlog if laws aren鈥檛 changed.
James Clarke is one example of who is on that list.
It鈥檚 been almost 50 years since James Clarke joined the Marines in August 1967. He served on the flight line - fueling aircraft 12-to-14 hours a day, seven days a week in Vietnam.
鈥淚鈥檓 proud to say I was a member of the Tomcats,鈥� Clarke said.
Clarke filed his original claim more than 10 years ago for disability associated with his Vietnam service. He鈥檚 survived throat cancer and lives with chronic artery disease. It took the VA four years to deny the claim.
鈥淭hey turned me down in 2009,鈥� Clarke said. 鈥淚 filed an appeal and you never hear from them. I鈥檇 go over to the regional office from time to time. And 鈥極h, yes, sir, Mr. Clarke, we鈥檙e still working on it,鈥� and nothing.鈥�
Clarke went to the in Gulfport, Florida for help. There law students worked at developing his claim finding background material about his time in Vietnam and gathering medical details.
Then in late 2015, with the Stetson Veterans Advocacy Clinic representing him, Clarke finally made it before a judge.
The judge agreed, Clarke鈥檚 disability claim was connected to his service and Agent Orange exposure. She ordered the VA to give him an exam to rate the severity of his disability.
Cases like Clarke鈥檚 are why VA Secretary legislation currently working its way through congress.
鈥淭he appeals process is 80 years old,鈥� McDonald said during his recent visit to Tampa. 鈥淏y 2036, it will take 10 years to get an appeal decided. That鈥檚 too long. That鈥檚 unacceptable to me and it鈥檚 unacceptable to other veterans. We need to change the law.鈥�
The U.S. House passed the (HB 5620) that would streamline the appeals process and provide additional resources.
Veterans鈥� advocates agree the process needs to be changed, but they鈥檙e not thrilled with some parts of the legislation.
is an attorney with the Stetson Veterans Advocacy Clinic which is a member of the .
鈥淚 think the disagreement comes in as to how best to readjust the system and efficiency is always on one hand and due process and protecting veterans rights is on the other,鈥� Miller said.
The coalition, Miller said, objects to the reforms on two counts. It fears the appeals process will become adversarial because the reforms remove the VA鈥檚 鈥渄uty to assist鈥� veterans. And there are provisions that limit a veterans鈥� right to provide new evidence to support their claim.
Miller said the coalition recommends delaying passage of the legislation until there鈥檚 consideration of the veterans being allowed to hire an attorney if they choose to at the beginning of the process.
If it hadn鈥檛 have been for the attorneys and law students at the Veterans Advocacy Clinic, Vietnam veteran Clarke admitted he might have given up on his claim.
鈥淧hysically I can鈥檛 do more, so you鈥檙e kind of relying on - this is going to come through,鈥� Clarke said.
But even after his appeal was finally heard, 10 months passed before the regional VA scheduled the exam the judge ordered. And that only happened when the VA learned a reporter was following Clarke鈥檚 case.
And Clarke is waiting no longer. Finally, this month the VA decided how much disability compensation he should get and sent the first check.
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