Douglas Reid Weimer
Legislative Attorney
Congress, through the United States Department of Veterans Affairs (VA), provides a variety of benefits and services to veterans and to certain members of their families. These benefits range from health care and related services to burial benefits. The veteran’s basic eligibility for these programs and services is usually determined by the local VA office. Veterans not satisfied with the VA’s decision(s) may wish to have them reviewed and may appeal the decision(s).
The VA has certain statutory obligations to assist the veteran in the preparation of his/her application for benefits and any subsequent appeal(s). Among these obligations are assistance in the preparation of the initial application; provision of various records; medical exams; and other related issues. Certain legal and factual presumptions are established by statute that may be favorable to the veteran’s claim. These issues are examined in Appendix A of this report.
Following the filing of the initial appeal, the local VA office will either allow or disallow the claim. If the veteran/claimant wishes to appeal further, a written request for appeal must be filed and various time deadlines and other requirements must be met prior to the case being considered by the Board of Veterans’ Appeals (BVA). The appeal before the BVA may be a hearing at the local VA office by a traveling Board member; a hearing at the BVA office in Washington, DC; or a videoconference hearing at the local VA office. There are specific guidelines for a person representing a veteran before the BVA.
The veteran/claimant may appeal the decision of the BVA to the Court of Appeals for Veterans Claims (CAVC), which is an independent federal court and not part of the VA. The decision of the CAVC may be appealed by either the veteran/claimant or the VA to the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), an Article III court that sits in Washington, DC and has exclusive jurisdiction to hear cases challenging CAVC rulings. Decisions of the Federal Circuit may be appealed to the U.S. Supreme Court, which has final jurisdiction.
Both Congress and the courts have focused their attention on the appeal process. A case argued before the U.S. Supreme Court (Court) on December 6, 2010, Henderson v. Shinseki (U.S. No. 09-1036) concerns the issue of whether the appeal deadline to the CAVC may be extended beyond the current statutory 120-day limit. The case involves a disabled veteran who missed the filing deadline for appeals of BVA’s decisions to the CAVC. The veteran argued that his disability (mental illness—for which he was seeking VA disability benefits) prevented him from filing within the 120-day appeal period. The outcome of the case may have far-reaching impact on various aspects of the appeal procedure, and may ultimately involve congressional legislative action and/or administrative action.
This report traces the various steps involved in the appeal process—starting with the original application for benefits and concluding with an appeal to the U.S. Supreme Court. A flow chart outlining all of the steps in the appeal process is provided. Legislation was introduced in the 111th Congress concerning the appeal process which can generally be categorized as (1) streamlining the appeal process; and (2) extending the 120-day application appeal deadline to the CAVC. This legislation is summarized in Appendix B. It is expected that similar legislation concerning the appeal process may be introduced in the 112th Congress.
Date of Report: January 24, 2011
Number of Pages: 26
Order Number: RL33704
Price: $29.95
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Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Legislative Attorney
Congress, through the United States Department of Veterans Affairs (VA), provides a variety of benefits and services to veterans and to certain members of their families. These benefits range from health care and related services to burial benefits. The veteran’s basic eligibility for these programs and services is usually determined by the local VA office. Veterans not satisfied with the VA’s decision(s) may wish to have them reviewed and may appeal the decision(s).
The VA has certain statutory obligations to assist the veteran in the preparation of his/her application for benefits and any subsequent appeal(s). Among these obligations are assistance in the preparation of the initial application; provision of various records; medical exams; and other related issues. Certain legal and factual presumptions are established by statute that may be favorable to the veteran’s claim. These issues are examined in Appendix A of this report.
Following the filing of the initial appeal, the local VA office will either allow or disallow the claim. If the veteran/claimant wishes to appeal further, a written request for appeal must be filed and various time deadlines and other requirements must be met prior to the case being considered by the Board of Veterans’ Appeals (BVA). The appeal before the BVA may be a hearing at the local VA office by a traveling Board member; a hearing at the BVA office in Washington, DC; or a videoconference hearing at the local VA office. There are specific guidelines for a person representing a veteran before the BVA.
The veteran/claimant may appeal the decision of the BVA to the Court of Appeals for Veterans Claims (CAVC), which is an independent federal court and not part of the VA. The decision of the CAVC may be appealed by either the veteran/claimant or the VA to the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), an Article III court that sits in Washington, DC and has exclusive jurisdiction to hear cases challenging CAVC rulings. Decisions of the Federal Circuit may be appealed to the U.S. Supreme Court, which has final jurisdiction.
Both Congress and the courts have focused their attention on the appeal process. A case argued before the U.S. Supreme Court (Court) on December 6, 2010, Henderson v. Shinseki (U.S. No. 09-1036) concerns the issue of whether the appeal deadline to the CAVC may be extended beyond the current statutory 120-day limit. The case involves a disabled veteran who missed the filing deadline for appeals of BVA’s decisions to the CAVC. The veteran argued that his disability (mental illness—for which he was seeking VA disability benefits) prevented him from filing within the 120-day appeal period. The outcome of the case may have far-reaching impact on various aspects of the appeal procedure, and may ultimately involve congressional legislative action and/or administrative action.
This report traces the various steps involved in the appeal process—starting with the original application for benefits and concluding with an appeal to the U.S. Supreme Court. A flow chart outlining all of the steps in the appeal process is provided. Legislation was introduced in the 111th Congress concerning the appeal process which can generally be categorized as (1) streamlining the appeal process; and (2) extending the 120-day application appeal deadline to the CAVC. This legislation is summarized in Appendix B. It is expected that similar legislation concerning the appeal process may be introduced in the 112th Congress.
Date of Report: January 24, 2011
Number of Pages: 26
Order Number: RL33704
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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