THE VETERAN

EXPERIENCE AND THE

FUTURE OF APPEALS
MARCH 12, 2016

Overview of VA Appeals Process

Process takes too long there is no

defined endpoint or timeframe.
Process is too complex veterans do
not understand the process, and it is
very challenging to explain it to them in
a way that is understandable.
*The VA Appeals Process is Broken*
2

VA Appeals Pending
A
p
p
e
a
l
s
i
n
P
r
o
c
e
s
s

250,000

Notice of Disagreement (NOD)

Form 9
Certified, Not Docketed (Original)
BVA Active Docket (Original and Post Remand)

450,000
445,437
238,509
G
r
a
350,000 n
d

400,000
200,000

326,887

163,102

150,000

100,000
62,033

50,000
37,913
19,541
15,467
15,189
12,384
1,258

Percent Change since Dec 2012

Grand Total +36.27%
NOD +46.23%
Form 9 -11.67%
*Certified, Not Docketed (Original) +186.91%
BVA Active Docket (Original and Post
Remand) +1.91%
SOC +36.99%
Remand (RO) +68.67%
Remand (AMC) -11.40%
*Remands Returned Not Activated +334.98%

300,000 T
o
250,000 t
a
l

200,000
150,000
54,796

100,000

44,377
38,638
26,769
25,620 50,000
10,972
5,472

Dec-12
Jan-13
Feb-13
Mar-13
Apr-13
May-13
Jun-13
Jul-13
Aug-13
Sep-13
Oct-13
Nov-13
Dec-13
Jan-14
Feb-14
Mar-14
Apr-14
May-14
Jun-14
Jul-14
Aug-14
Sep-14
Oct-14
Nov-14
Dec-14
Jan-15
Feb-15
Mar-15
Apr-15
May-15
Jun-15
Jul-15
Aug-15
Sep-15
Oct-15
Nov-15
Dec-15
Jan-16
Feb-16

Board Hearings
Breakdown of Hearings
Held During FY 2015

Percentage of Form 9 Hearing

Requests Received During FY
FY 2015

53%

60%

FY 2014

58%

50%

FY 2013

59%

FY 2012

58%

30%

FY 2011

55%

20%

FY 2010

54%

59.8%

35.8%

40%

10%

4.5%

Total Pending Board Hearing

Requests

0%
Central Office

Travel Board

Video

65,26
7

Appeals in Transfer SEAM* with a

Pending Board Hearing Request

33,29
8

Appeals at VBA with a Pending

Board Hearing Request

31,96
9

Central Office:
VLJ & Veteran sit at Board Offices in Washington, DC
Travel Board: VLJ & Veteran sit at local RO
Video Conference: VLJ sits in DC; Veteran sits at local RO

*Transfer SEAM appeals are appeals that have been certified to the Board but have not yet been activated / docketed.
4

Actual Veteran Experience with Current VA

Appeals Process
Veter
an

Notice of
Disagree
ment
(NOD)
Date

1987

1988

Date
Resolv
ed

2011

2006

Veteran
Wait Time
from NOD to
Conclusion

25 years
(9,073
days)

18 years
(6,687
days)

Summary

Since January 1987, this appeal has addressed 6 issues. The

Veteran has been receiving a total disability rating based on
individual unemployability (TDIU) since February 2006.
Over the course of the appeal, the Veteran has received 27
decisions:
16 VBA adjudications (4 rating decisions, 2 SOCs, and 10
SSOCs)
10 Board decisions
1 Court of Appeals for Veterans Claims (CAVC) decision
Since July 1988, this appeal has addressed 31 issues. The
Veteran has been rated at 100 percent for his serviceconnected disabilities since January 2002.
Over the course of the appeal, the Veteran has received 46
decisions:
38 VBA adjudications (1 decisional letter, 14 rating decisions,
10 SOCs, and 13 SSOCs)
7 Board decisions
1 CAVC decision
Since October 1990, this appeal has addressed 26 issues. The
Veteran has been rated at 100 percent since February 2006.

1990

2010

20 years
(7,425

Over the course of the appeal, the Veteran has received 63

decisions:
50 VBA adjudications (18 rating decisions, 9 SOCs, and 23

Current VA Appeals Process

Veteran Appeals Experience

http://www.blogs.va.gov/VAntage/25331/listening-t
o-the-voices-of-veterans-and-their-journey-in-the
-appeals-system
/

Key Themes
1. The length and labor of the process takes a
toll on Veterans lives.
2. Like in the military, Veterans care deeply
about the outcomes of other Veterans.
3. Veterans feel alone in a process they dont
understand.
4. The appeals process feels like a fight.
5. Veterans want to be heard.
8

The length and labor of the process

takes a toll on Veterans lives.
After going through all these, Im wore out. Im 68 years old,
by the time I got an answer [on a new appeal] Id be
dead....Theres a point in time when its just not worth it.
You know I have been disappointed for so long going through
this situation, I dont think whatever decision they make is
going to hurt me because Ive been hurt already and Im about
to get teared up thinking about it.
My wife however didnt want me to [appeal]. Because theres
so much stress in waiting and waiting and waiting and waiting.
The whole time, youre waiting, just like me, your ailments are
growing, theyre getting worse. And you cant go back and
renew your claim now, and say its getting worse because then
youre pushing that first claim back and youre [basically]
starting a whole new claim. Its a really stressful process.
9

Like in the military, Veterans care

deeply about the outcomes of other
Veterans.
Thats all I want, is to be heard, to be treated with respect,
to have other Veterans not be so scared to file a claim.
I get help from other Veterans who have been through the
process before. It is confusing though when we have similar
issues, but get different ratings.
It changes your life it can cause you to be depressed,
incapacitated, but I cant let that stop me from helping
others. I advise them: Do you have the time and mental
commitment to appeal? This is my first time going through
an appeal and I wouldnt wish that on anybody.
Its horrible, I know of other Veterans whove just given
up. I hear it all the time.

10

Veterans feel alone in a process they

dont understand.
Ive been doing this on my own, with zero help,
nothing. I mean I think Ive become an uncertified
medical doctor and an uncertified lawyer.
Tell me where Im at: Theyre at this stage.
They just went over this evidence. This is where
youre standing now.
I dont understand the whole claims process,
appeals process. I dont understand it at all. It
makes no sense.
I wouldnt even know who to try to get a hold of
[at VA].
11

The appeals process feels like a fight.

[The process] needs changing, no question.
Veterans should be treated with respect and
dignity. Veterans need to know VA is on their
side.
It just seems like youre fighting a losing battle.
And its like insurance, they just hope you give up.
They are just waiting for me to die, then they can
close my case and forget about me.
Twelve years, they deny, deny, deny [bangs
table].
12

Veterans want to be heard.

I just wanted to tell my story. I just want them to hear
me.
I just want them to hear what I got to say because I tried
to tell them years ago how simple it was.
Last night, we were talking about it, about todays
hearing and everything. And we were saying a prayer and
in the prayer it wasnt that we were praying that Oh I
pray you get the highest disability rating and you get
that check and all that money. No, it was I am praying
that your voice is finally heard after all these years.
Somebody needs to hear it even if its just that
gentleman [the judge], somebody needs to hear it.
Because its not nothing. Its his life, its our life, its our
kids lives.

13

Long Term Impact of No Legislative Reform

Status Quo Legal Framework & No Radical Change in Resources
FTE

Volu
me

By FY2,500,000
2027
VA appeals
processing
time is
610% longer
than 365
2,000,000
days.
228%
2,165
increase in
pending
inventory
from
FY
1,500,000
2017 to
Appeals
FY 2027.
decisions
1,432
and FTE
essentially
1,000,000
flat-line
(nominal
annual
increases of
2%
518,220
500,000
respectively
).

3,000

2,592
2,167,106

FTE

2,435

2,500

2,278

g
in
s
es
oc
r
P

me
Ti

g
in
d
n
Pe

2,000

y
or
t
n
ve
n
I

1,500

Appeals

Decisions

1,000

500
264,731
2,167,10
6

2,165

241,505
2016
2017

2,18
7
2018

2,22
4
2019

2,27
3
2020

2,286

2021

2,278

2022

2,30
2,37
2,35
2,379
2,407
2,43
2 2023 2 2024 3 2025
2026
20275

0
14

Analysis of Alternatives
Total Cost Comparison
By FY
2027,
Total
Cost
Savings
of $727M
per year
for
Simplifie
d
Process
as
compare
d to NonLegislati
ve
option.

VA Budget Requirement
(VBA + Board)

thousands

Simplified Process

Non-Legislative

No Radical Change

Summary of the Current VA Appeals Process

The current VA appeals process is broken and

is providing a frustrating Veterans experience. We
are failing veterans.
The status quo isnt acceptable for Veterans or
for tax payers.
Veterans deserve an timely, simple,
transparent, and fair, appeals process.
The time to modernize the appeals process is
now.
16