APPEALS BACKLOG INFORMATION

MESSAGE: VAs appeals process is multi-stage and unique. By maintaining an open record while an appeal is pending, it providing Veterans every opportunity to submit new evidence and make new arguments for their case. The open record allows Veterans to repeat cycles in the appeals process and keep the record open indefinitely. Because of these opportunities to submit new evidence and argument, the process is extended and appeals tend to be active in the system longer, while VA continually works to review any and all additional evidence obtained by or on behalf of the Veteran and makes additional decisions based on the totality of evidence. VA is committed to working with stakeholders to improve the appeals process so appellate decisions are completed as quickly and accurately as possible, while still executing each legally required step and protecting the due-process rights of each Veteran. HISTORY OF THE APPEALS PROCESS The current VA appeals process evolved from what was put into place after WWI when appeals were handled at the local level. In 1933, President Roosevelt created the Board of Veterans Appeals (Board) to replace the Central Board of Appeals which had been formed ten years earlier. In 1989 Congress created the U.S. Court of Appeals for Veterans Claims. Decisions issued by the Court of Appeals for Veterans Claims can be appealed to the United States Court of Appeals for the Federal Circuit and eventually all the way up to the Supreme Court. In 2000, Congress passed a law that expanded VAs existing duty to assist Veterans in obtaining records and additional evidence relevant to their claim. o This places more requirements on VA to seek out information outside the Federal government that may already be in the possession of the Veteran. These changes have increased the likelihood that waiting time for decisions on appeal would be longer. While we continue to work appeals as quickly as possible, we know that the numbers will continue to grow because of the many protections that are built into the system for Veterans. There are no easy solutions to short-cut the process. DEFINING AN APPEAL: Weve heard a lot about the appeals backlog, so lets take a closer look at it: The appeal process begins when a Veteran disagrees with a decision they have received from VA on a claim. The first step for Veterans who disagree with their claims decisions is to submit a Notice of Disagreement (NOD). The NOD is the start of the appeals process, and from that point forward, the claim is considered to be on appeal. An appeal undergoes additional independent reviews, often multiple times by different adjudicators. Submission of new evidence triggers further re-review. So who is appealing? o 72% of appeals are from Veterans who are already receiving VA disability compensation from a previous claim. o 7% of appellants are 34 years old or younger. o Approximately 4% of Veterans who receive claim decisions file formal appeals to the Board of Veterans Appeals (Board).

WHAT IS THE APPEALS PROCESS? The VA appeals process is unique because its structured to support the Veteran, contains many layers of review, and the file is always open to new and updated evidence. The multi-stage appeals process begins when an NOD is filed and a new adjudicator reviews the evidence and issues a Statement of the Case (SOC) - a detailed explanation of how VA arrived at its prior decision or a new rating decision granting the claim. After the SOC is issued, the Veteran generally has 60 days to file a formal appeal to the Board by submitting a VA Form 9. The Board conducts a completely new review of the case without taking into account prior decisions. The Board may grant the appeal, deny the appeal, or remand (send back) the appeal for further action at the local level. Veterans who disagree with Board decisions may file an appeal to the Court of Appeals for Veterans Claims usually within 120 days from the date the Board issues a decision. If they disagree with the Courts decision, they may appeal to the Federal Circuit and all the way up to the Supreme Court. If at any point the Veteran misses an appeal window, he or she may reopen the claim at the local VA Regional Office by submitting new evidence. Throughout this process, Veterans may submit new evidence supporting their claim, which requires another complete review of the full record and a decision that takes into account that new evidence. The open record allows appellants to repeat cycles in the process and keep the record open indefinitely. Bottom Line: The VA Appeals process gives Veterans multiple opportunities to either provide VA with the evidence that would allow it to grant the appeal, or to notify VA of the existence of such evidence, and VA has an affirmative duty to assist Veterans in developing the record in support of his or her case. Each Veteran who appeals receives at least two decisions from VA (i.e., the initial decision and the SOC). HOW DID WE GET HERE? Historically, 12% of Veterans appeal their claims by filing an NOD in the past 4 years, VA has decided over 4M claims. While the number of appeals has grown, the rate of appeals filed each year has remained about the same. This statistic is consistent and does not reflect inaccuracies at the initial decision point - a large percentage of appeals are undergoing development of evidence that was identified or submitted after the initial decision was made at the local level. The number of appeals filed with VA continues to grow proportionately with the number of claims received and completed. Since 1996, the Board has consistently received four to six percent of all claims completed by VBA. CALL TO ACTION The appeals process can be long, but it is designed to be as pro-Veteran as possible, affording Veterans every opportunity to provide VA with the evidence needed to grant the appeal. While Veterans have the right to appeal for any reason, the best way to avoid this lengthy process is by submitting all evidence early in the process at the time the claim is filed so that the initial decision can be made by taking all evidence into account.

Filing a Fully Developed Claim is the best way to ensure that all evidence is taken into account in the initial decision, and so that decision can be reached most efficiently.