Board of Veterans' Appeals

The Board of Veterans Appeals (often referred to as the BVA or simply the Board) is an administrative tribunal within the United States Department of Veterans Affairs (VA), located in Washington, D.C. It determines whether U.S. military veterans are entitled to claimed veterans' benefits. The Board's mission is to conduct hearings and decide appeals properly before the Board in a timely manner. 38 United States Code (U.S.C.) § 7101 (a). The Board's jurisdiction extends to all questions in matters involving a decision by the Secretary under a law that affects a provision of benefits by the Secretary to Veterans, their dependents, or their Survivors. 38 U.S.C. §§ 551(a); 7104(a). Final decision on such appeals are made by the Board based on the entire record in the proceedings and upon consideration of all evidence and applicable provisions of law and regulation.[1] The Board's review is de novo.

The Board is headed by a Chairman.[2] The Chairman is nominated by the President and confirmed by Congress. The Chairman position has been vacant since 2010.

In Fiscal Year 2015, the Board issued 55,713 decisions for Veterans and their families, which is the highest number of decisions issued by the Board since the 1988 enactment of the Veterans' Judicial Review Act (VJRA), which established the United States Court of Appeals for Veterans Claims (CAVC). Additionally, the Board held 12,738 hearings.

Appeals Process

The appeals process in the Department of Veterans Affairs (VA of the Department) is a complex, non-linear process, which is set in law and is unique from other standard appeals processes across the Federal and judicial systems. A feature of the current VA appeals process is a continuous open record that allows a Veteran, Survivor, or other appellant to submit new evidence and/or make new argument at any point from the beginning to the end of the appeals process. Additionally, the duty to assist throughout the appeals process requires VA to develop further evidence on the Veteran's behalf and pursue new argument and theories of entitlement. Each time arguments are presented and evidence is added/ obtained, VA generally must issue another decision considering that evidence, which protracts the timeline for appellate resolution.[1]

In Fiscal Year 2015, the Board received and docketed 69,957 appeals[3] and anticipated the docketing of 88,183 claims in the 2016 fiscal year.[4] The Board's cycle time, which measures the average time from the date an appeal is certified to the Board (VA Form 9) until a decision is dispatched was 160 days in Fiscal Year 2015 (excluding the time the case is with a Veterans Service Organization (VSO), such as Disabled American Veterans (DAV), American Legion (AL), or Veterans of Foreign Wars (VFW) for review and submission of written argument).[5]

History

The Board of Veterans Appeals was established in July 1933.[6] It was given authority to hear appeals on benefit decisions.[6] Members are appointed by the Secretary of Veterans Affairs with the approval of the President of the United States.[6]

Background of Veteran's Benefits

During ancient times, compensation for veterans was often in the form of land and goods that were seized from the enemy. This allowed rulers and commanders to win over loyalty of soldiers who may otherwise turn on them. Veterans benefits evolved in the West during the decline of the feudal system and the subsequent rise of modern Nation States. Personal fealty in the feudal system was replaced with benefits suitable to sustain national armies. Furthermore, the act of compensating and caring for soldiers with disabilities incurred in battle also began in ancient times and has since evolved into the systems we see today. In Greek city states, for example, benefits were given to disabled soldiers and to orphans of soldiers killed in battle.[7] The act of caring for veterans in this regard has changed little since that time. This belief is also reflected in U.S. President Abraham Lincoln's words "to care for him who shall have borne the battle and for this widow, and his orphan," which is also the current motto of the United States Department of Veterans Affairs.[8]

Evolution of the Appeals Process:[9]

  1. 1917- Current benefits system created for Veterans of World War I.
  2. 1933- Board of Veterans' Appeals created to provide appellate review.
  3. 1957- VA Adjudication Regulations enacted as statute.
  4. 1962- Statement of the Case and Substantive Appeals procedures added.
  5. 1988- Veterans' Judicial Review Act of 1988 adds Court of Appeals for Veterans Claims, Federal Circuit Court, and Supreme Court Review.
  6. 2000- Veterans Claims Assistance Act expands number of issues requiring remand.
  7. 2001- Decision Review Officer (DRO) added between Notice of Disagreement (NOD) and Substantive Appeal.

Membership

The Board has as many members as the Secretary of the Department of Veterans Affairs deems "necessary in order to conduct hearings and dispose of appeals properly before the Board in a timely manner".[10] Board members are appointed by the Secretary, with the approval of the President.[11] The one exception is the Chairman of the Board, who is appointed to a six-year term by the President of the United States, and confirmed by the United States Senate.[12] Members of the Board are also referred to as Veterans Law Judges.

As of the end of Fiscal Year 2015, the Board consisted of 63 members.[13] Members of the Board are required to be "experienced attorneys in the field of veterans law".[14] Staff attorneys, also trained in veterans law, review the facts of each appeal and assist the Board members.[15][16]

Procedure

An individual may file a claim for VA Veterans benefits and programs, such as: Disability Compensation; Education Assistance (GI Bill/ Post 9-11 GI Bill); Insurance; Dependency and Indemnity Compensation; Medical; Pension; and Vocational Rehabilitation and Education (VR&E). The most common claim is for Disability Compensation, which comprised 93.88 percent of all appeals in Fiscal Year 2015.[17] For example, a Veteran who receives an injury, or develops a medical condition while serving in the United States Armed Forces, is generally entitled to receive compensation based on the degree to which the injury affects things like the person's mobility, future earning capacity, or quality of life. A claimant seeking such benefits first files a claim with a Regional Office of the VA located near the claimant. When a claimant's application for benefits has been denied by the Agency of Original Jurisdiction, such as the Veterans Benefits Administration (VBA), Veterans Health Administration (VHA) or National Cemetery Administration (NCA), an appeal can be made to the Board of Veterans' Appeals.[18] The Board is part of the Department of Veterans Affairs, located in Washington, DC, and makes the final determination on an appeal within the VA's jurisdiction. Board members make the final decision on appeals within the VA. The Board also employs staff attorneys that assist the Board members while preparing a decision for a claim, much like a clerk for a judge.[19]

Decisions of the Board may be appealed to the United States Court of Appeals for Veterans Claims,[20] which is not part of the Department of Veterans Affairs, and from there to the United States Court of Appeals for the Federal Circuit.[21]

Process of filing an appeal with the Board

The process of appealing an unfavorable decision consists of several steps:

References

  1. 1 2 http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf  This article incorporates text from this source, which is in the public domain.
  2. ↑ http://www.bva.va.gov/
  3. ↑ BOARD OF VETERANS' APPEALS, REPORT OF THE CHAIRMAN: FISCAL YEAR 2015, page 29.http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf
  4. ↑ , citing BOARD OF VETERANS' APPEALS, REPORT OF THE CHAIRMAN: FISCAL YEAR 2015, page 23.
  5. ↑ BOARD OF VETERANS' APPEALS, REPORT OF THE CHAIRMAN: FISCAL YEAR 2015], page 5 .http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf
  6. 1 2 3 United States Department of Veterans Affairs, VA History in Brief, p. 12.
  7. ↑ James D. Ridgway, George Washington University - Law School, April 30, 2010, Veterans L. Rev., Vol. 3, No. 135, 2011
  8. ↑ http://www.va.gov/opa/publications/celebrate/vamotto.pdf
  9. ↑ The Veterans Appeals Process, page 12. http://www.bva.va.gov/docs/Veterans-Appeals-Process-Briefing.pdf
  10. ↑ 38 U.S.C. § 7101(a).
  11. ↑ Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3, citing 38 U.S.C. §7101A.
  12. ↑ 38 U.S.C. § 7101(b)(1).
  13. ↑ BOARD OF VETERANS' APPEALS, REPORT OF THE CHAIRMAN: FISCAL YEAR 2015], page 29 http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf
  14. ↑ Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3.
  15. ↑ Board of Veterans Appeals.
  16. ↑ 38 U.S.C. §§ 7103, 7104.
  17. ↑ BOARD OF VETERANS APPEALS ANNUAL REPORT FY2015, Page 26. http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf
  18. ↑ Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3, citing 38 U.S.C. §7104(a).
  19. ↑ Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3, citing BOARD OF VETERANS' APPEALS, VAPAMPHLET 01-00-1, UNDERSTANDING THE APPEALS PROCESS (2000), page 6.
  20. ↑ Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3, citing 38 U.S.C. §§7252, 7266.
  21. ↑ Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 4, citing 38 U.S.C. §7292.

External links

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