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1 [1] (June 4, 2024)

handle is hein.crs/govepey0001 and id is 1 raw text is: Congressional Research Service Informing the legislative debate since 1914 June 4, 2024 The Board of Veterans' Appeals: A Brief Introduction The Board of V eterans Appeals (BVA or Board) hears appeals of claimants dissatisfied with the initial decision on a claim for benefits or reimbursement filed with the Department of Veterans Affairs (VA). The BVA provides the highest level of appellate review within VA. This In Focus describes the BVA's creation, jurisdiction, adjudicators, and appellate procedures. Although the BVA is still closing out the remaining appeals under VA's so-called legacy appeal system, this document will focus on the BVA's appeal process under the Veterans Appeal Improveme~nt and Moderization Act of 2017 (AMA), which went into full effect in February 2019. Organization and Composition The BVA is a distinct entity located within VA. By tatut the BVA is led by the BVA Chairman, appointed by the President with the Senate's advice and consent, who serves a six-year term; a Vice-Chairman, appointed by the VA Secretary with the approval of the President; and such number of members as may be found necessary to meet the BVA's mission. Members of the Board-also known as Veterans Law Judges (VLJs)-are the adjudicators who make decisions on appeals to the BVA. The statutes governing BVA's composition, jurisdiction, and procedures are codified at 38 U SC § 7101-7113, and VA's implementing regulations are codified in part 20 of Title 38 of the Code of Federal Regulations. jurisdiction The BVA is tasked to conduct hearings and consider and dispose of appeals properly before the Board in a timely manner. It has jurisdiction to review all questions of law and fact necessary to a decision by the Secretary of [VA] under a law that affects the provision of benefits by the Secretary to veterans or their dependents or survivors. 38 C.F.R. § 104. Thus, the BVA decides appeals on a wide range of issues, from VA educational benefits to eligibility for outpatient treatment. Title 38, Section 20.104 of the Code of Federal Regulations provides a non-exhaustive list of potential issues that may come before the BVA. A final BVA decision is considered the final decision of the VA Secretary on the issue. Yeterans Law udges VLJs are the adjudicators that decide appeals before the BVA. They are appointed by the VA Secretary on the BVA Chairman's recommendation and approved by the President. A VLJ is required by statute to be a lawyer in good standing with the bar of any state and have a salary equivalent to that of an Administrative Law Judge. The number of VLJs on the Board has increased in recent years in an effort to address the backlog of pending appeals at the BVA, from 92 at the end of FY2018 to 125 at the end of FY2022. The BVA can also call upon acting members-typically BVA attorneys-to hear cases for a limited time each year. There is no term limit for VLJs, and they may continue to serve as long as they meet performance standards. Federal law requires a performance review panel to evaluate VLJ job performance at least once every three years. If a VLJ meets the performance standards, they are recertified as a VLJ. If a VLJ fails to meet the performance standards, they may receive a conditional recertification, subject to an additional performance review within one year, or they may be noncertified and removed from the Board. Outside of the performance evaluation program, a VLJ may only be removed for good cause. Appealing a VA Decision In 2017, Congress enacted the AMA in an effort to expedite VA's appeals process while protecting veterans' due process rights. H.Rept. 115-135, at 2 (2017). Any appeal filed after February 19, 2019, is subject to AMA procedures. For appeals filed before that date, the claimant can continue with the pre-AMA legacy appeal process or move to the new AMA process. A discussion of the legacy appeals system is outside the scope of this In Focus. If a claimant disagrees with an initial decision of a VA agency of original jurisdiction (AOJ) (e.g., a regional office, medical center, or other VA entity) on a claim for benefits or reimbursement, the claimant may appeal it. The AMA provides three avenues for further review: (1) requesting higher-level review from a more experienced adjudicator within the AOJ; (2) filing a supplemental claim with new evidence at the AOJ; or (3) appealing to the BVA. The AMA provides that a claimant may seek an unlimited number of reviews and, as long as each subsequent appeal is filed within one year of the most recent decision, keep the original claim's effective date. Therefore, requesting higher-level review or filing a supplemental claim does not preclude a claimant from seeking BVA review of the resulting VA decision. To elect BVA review, a claimant must file a notice of disagreement (NOD) using VA Form 10182 with the BVA within one year of the AOJ's decision. The Board may provide an extension of the one-year deadline if the claimant submits a written request showing good cause. BVA Proceedings When electing BVA review, a claimant must select one of three review options available at the Board: (1) the direct review docket, (2) the new evidence docket, or (3) the