Jump to content

Board of Veterans' Appeals: Difference between revisions

Edit links
From Wikipedia, the free encyclopedia
Browse history interactively
← Previous editNext edit →
Content deleted Content added
VisualWikitext
No edit summary
No edit summary
Line 1: Line 1:
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]], located in [[Washington, D.C.]] It determines whether U.S. military veterans are entitled to claimed [[veterans' benefits]]. The Board's mission it 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.<ref>http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf</ref> This is also referred to a de novo review.
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]], located in [[Washington, D.C.]] It determines whether U.S. military veterans are entitled to claimed [[veterans' benefits]]. The Board's mission it 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.<ref>http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf</ref> This is also referred to a de novo review.

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


==Appeals Process==
==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.<ref>http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf</ref>
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.<ref>http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf</ref>


In Fiscal Year 2015, the Board received and docketed 69,957 appeals,<ref> BOARD OF VETERANS' APPEALS, REPORT OF THE CHAIRMAN: FISCAL YEAR 2015], page 29.http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf</ref> and anticipated the docketing of 88,183 claims in the 2016 fiscal year.<ref>, citing http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf BOARD OF VETERANS' APPEALS, REPORT OF THE CHAIRMAN: FISCAL YEAR 2015],page 23.</ref>
In Fiscal Year 2015, the Board received and docketed 69,957 appeals. <ref> BOARD OF VETERANS' APPEALS, REPORT OF THE CHAIRMAN: FISCAL YEAR 2015], page 29.http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf</ref> and anticipated the docketing of 88,183 claims in the 2016 fiscal year.<ref>, citing http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf BOARD OF VETERANS' APPEALS, REPORT OF THE CHAIRMAN: FISCAL YEAR 2015],page 23.</ref> 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 (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, was 160 days in Fiscal Year 2015.<ref>BOARD OF VETERANS' APPEALS, REPORT OF THE CHAIRMAN: FISCAL YEAR 2015], page 5 .http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf</ref>


==History==
==History==

Revision as of 15:31, 14 July 2016

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, located in Washington, D.C. It determines whether U.S. military veterans are entitled to claimed veterans' benefits. The Board's mission it 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] This is also referred to a de novo review.

In Fiscal Year 2015, the Board issued 55,713 decisions for Veterans and their families, which is the highest number of decision issued by the Board since the 1988 enactment of the Veterans' Judicial Review Act (VJRA), which established the United States Court of Appeals 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.[2]

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 (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, was 160 days in Fiscal Year 2015.[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.[6]

Evolution of the Appeals Process[7]:

  1. 1917- Current benefits system created for Veterans of WWI.
  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, 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".[8] Board members are appointed by the Secretary, with the approval of the President.[9] 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.[10]

As of the end of Fiscal Year 2015, the Board consisted of 63 members.[11] Members of the Board are typically "experienced attorneys in the field of veterans law".[12] Staff attorneys, also trained in veterans law, review the facts of each appeal and assist the Board members.[13][14]

Procedure

A person who receives an injury or develops a medical condition while serving in the U.S. military 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.[15] 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. These 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.[16]

Decisions of the Board may be appealed to the United States Court of Appeals for Veterans Claims,[17] and from there to the United States Court of Appeals for the Federal Circuit.[18]

Process of filing an appeal with the Board

The process of appealing an unfavorable decision consists of three (3) steps:

  1. First the veteran submits a Notice of Disagreement or NOD to the Veterans Benefits Administration (VBA) using VA Form 21-4138.[19]
  2. The VBA subsequently sends the veteran (and his or her representative, such as a Veterans Service Officer and/or attorney), a Statement of the Case.
  3. After reviewing the VBA's Statement of the Case, the veteran, usually via his or her attorney, claims agent, or Veterans Service Officer, files a formal notice of appeal (on VA Form 9, Appeal to Board of Veterans' Appeals)[20] with the Board.

References

  1. ^ http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf
  2. ^ http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf
  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 http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf 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. ^ a b c United States Department of Veterans Affairs, VA History in Brief, p. 12.
  7. ^ The Veterans Appeals Process, page 12. http://www.bva.va.gov/docs/Veterans-Appeals-Process-Briefing.pdf
  8. ^ 38 U.S.C. § 7101(a).
  9. ^ 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.
  10. ^ 38 U.S.C. § 7101(b)(1).
  11. ^ BOARD OF VETERANS' APPEALS, REPORT OF THE CHAIRMAN: FISCAL YEAR 2015], page 29 http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf
  12. ^ Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3.
  13. ^ Board of Veterans Appeals.
  14. ^ 38 U.S.C. §§ 7103, 7104.
  15. ^ 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).
  16. ^ 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.
  17. ^ 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.
  18. ^ 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.
  19. ^ "VA Form 21-4138" (PDF). Department of Veterans Affairs. Retrieved 1 May 2013.
  20. ^ "Appeal to Board of Veterans' Appeals" (PDF). VA Form 9. Department of Veterans Affairs. November 2009. Retrieved 1 May 2013.
Retrieved from "https://en.wikipedia.org/enwiki/w/index.php?title=Board_of_Veterans%27_Appeals&oldid=729787448"