Douglas Reid Weimer
Legislative Attorney
Congress, through the Department of Veterans Affairs (VA), extends various benefits to veterans and certain of their family members. Sometimes veterans may not agree with the VA’s initial decisions concerning the award and/or the amount of these benefits. Within the VA, there is an extensive appeal/review process that concludes with the decision of the Board of Veterans’ Appeals (BVA). Final decisions of the BVA may be appealed to the U.S. Court of Appeals for Veterans Claims (CAVC), which is an independent federal court, entirely separate from the VA.
Legislation was enacted in the 111th Congress dealing with CAVC funding and administrative matters. Several bills were introduced in the 111th Congress dealing with operational and appeal procedures to the CAVC. Congress considered several bills modifying the current 120-day time limit for an appeal from the BVA’s final decision to be filed with the CAVC; however, none was enacted. It is likely that Congress may consider similar legislation in the 112th Congress.
The U.S. Supreme Court is also considering the 120-day time limit for appeals to the CAVC. A case argued before the Court on December 6, 2010, Henderson v. Shinseki (U.S. No. 09-1036), concerns whether the statutory appeal deadline to the CAVC inflexibly bars the CAVC from considering cases filed beyond the 120-day limit. The case involved 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 legislative and/or administrative action.
Date of Report: February 11, 2011
Number of Pages: 11
Order Number: RS22561
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.
Legislative Attorney
Congress, through the Department of Veterans Affairs (VA), extends various benefits to veterans and certain of their family members. Sometimes veterans may not agree with the VA’s initial decisions concerning the award and/or the amount of these benefits. Within the VA, there is an extensive appeal/review process that concludes with the decision of the Board of Veterans’ Appeals (BVA). Final decisions of the BVA may be appealed to the U.S. Court of Appeals for Veterans Claims (CAVC), which is an independent federal court, entirely separate from the VA.
Legislation was enacted in the 111th Congress dealing with CAVC funding and administrative matters. Several bills were introduced in the 111th Congress dealing with operational and appeal procedures to the CAVC. Congress considered several bills modifying the current 120-day time limit for an appeal from the BVA’s final decision to be filed with the CAVC; however, none was enacted. It is likely that Congress may consider similar legislation in the 112th Congress.
The U.S. Supreme Court is also considering the 120-day time limit for appeals to the CAVC. A case argued before the Court on December 6, 2010, Henderson v. Shinseki (U.S. No. 09-1036), concerns whether the statutory appeal deadline to the CAVC inflexibly bars the CAVC from considering cases filed beyond the 120-day limit. The case involved 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 legislative and/or administrative action.
Date of Report: February 11, 2011
Number of Pages: 11
Order Number: RS22561
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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