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DOVAACCR0011 - Appeal Level 1 - Procedures

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Agency Scheme:

DOVAACCR0011

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Board

Appeal Office (global name):

Board of Veterans' Appeals: Board

Sub-Agency/Bureau/Division::

Office of the Secretary

Appeal Officer #1 (Title):

Veterans Law Judge

Are administrative appeals permitted from final decisions issued by this appellate office?:

No

Comments/Notes on Adjudication Structure:

The Board of Veterans' Appeals reviews de novo benefit claims determinations made by local VA offices and issue decisions on appeals. Any aspect of any decision made by VA on a benefit claim--disability, healthcare, and cemetery--can be appealed for any reason (more than 96% of appeals arise from VBA). A veteran has one year to appeal a determination with which he or she is dissatisfied. To express such dissatisfaction, a veteran must submit a notice of disagreement (NOD) to the local VA office. After the office reviews the NOD and issues a statement of the case (SOC). After receiving the SOC, a veteran has either 60 days or the remainder of the one-year period from the notice of the determination to file a VA Form 9 (substantive appeal) to perfect an appeal to the Board. The veteran may ask for a hearing before the Board at any time during the appeal process. Note: after receiving a determination from the agency of original jurisdiction, a veteran may ask that a decision review officer to review his or her claim. This request may be made before, after, in lieu of, or in conjunction with filing a notice of disagreement. The Board may grant or deny the veteran's claim, or remand the claim for additional development. If the veteran is dissatisfied with the Board's decision, he/she may appeal to the U.S. Court of Appeals for Veterans' Claims--an Article I court. Further levels of review include the U.S. Court of Appeals for the Federal Circuit Court and U.S. Supreme Court.

PROCESS & PROCEDURE - General Information

Which party (or parties) is/are permitted to file appeals with this office?:

Private Party

Are private parties permitted to have representation at appeal hearings?:

Yes (All Types of Cases)

Who may serve as a private party representative?:

Either

About what percentage of private parties were represented at hearings (FY2013)?:

9.00%

Is the agency permitted to have representation at appeal hearings?:

N/A (e.g., Agency Not Party to Hearing)

Are ex parte contacts prohibited?:

No

Regulations/rules of practice for appeal hearings (please include CFR citations):

38 CFR Parts 3, 19 & 20

PROCESS & PROCEDURE - Hearing Procedure

What types of hearings are permitted on appeals adjudicated by this office?:

In-Person

Video

Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
In-Person:
49%
Video:
51%

How is the type of hearing selected for appeals heard by this office?:

By Private Party

Required by Rule

How many appeal officers preside at each hearing?:

Varies by Case

If "Varies by Case," please describe:

Usually a single Veterans Law Judge (VLJ) presides at a hearing; however, multiple VLJs may preside at a hearing, as necessary.

Is factual development permitted at the appellate hearing as a means of supplementing the record from below?:

Yes (All Types of Cases)

Can third-parties submit amicus briefs and/or evidence?:

No

Are appeal hearings recorded and/or transcribed?:

Yes

N/A (Document-Only Hearings)

Are appeal hearings open to the public?:

No (Hearings Always Closed/All Types of Cases)

If "Varies by Case," please describe:

Oral hearings are presumed closed.

PROCESS & PROCEDURE - Post-Hearing Procedure

Who typically drafts final decisions on appellate cases adjudicated by this office?:

Adjudication Officer

Staff Attorney

Who has authority to issue final decisions on appellate cases adjudicated by this office?:

Adjudication Officer

Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?:

No

About how long does it take on average—as of FY2013—to adjudicate appeals by this office?:

235 Days

Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?:

Yes (All Types of Cases)

PROCESS & PROCEDURE - Case Management

How are claims/cases processed at this appellate office?:

Other

Please briefly describe your case management practice(s) at this office:

Generally cases are decided by docket order; however, "[a] case may be advanced on the docket on the motion of the Chairman, the Vice Chairman, a party to the case before the Board, or such party's representative." 38 CFR 20.900(c)(1).

Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?:

No

Are final decisions issued by this appellate office published and/or posted on the agency website?:

Yes (All Decisions)

Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?:

No

Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?:

No

PROCESS & PROCEDURE

Comments/Notes on Appellate Process & Procedures (Optional):

Hearings before the Board take place either in-person or via video teleconferencing. In-person hearings occur either at the Board's offices in Washington, D.C. or in a veterans' local VA office (to which the Board member, or Veterans Law Judge, travels). Hearings are informal and non-adversarial, and a veteran may have a representative accompany him or her to the hearing. The Board accepts new evidence from a veteran at any time in the process (even after the hearing), and the Board has a duty to gather evidence newly identified or discovered by a veteran; however, it must usually remand the case to the local VA office should new evidence be presented that can influence the appeal, unless the veteran waives initial consideration of that evidence by the local VA office. Decisions by the Board are not precedential; however, OGC may issue precedential decisions. See 38 CFR 19.5 If there is no applicable rule or procedure supplied, the Chairman may prescribe one consistent with statute and regulation. See 38 CFR 20.2 The Board uses the "benefit of the doubt" rule, which resolves an approximate balance of positive and negative evidence in favor of the veteran.

ADJUDICATORS

Total # of Appeal Officers:

61

Information About Appeal Officer:

Adjudication Officer Title	Job Series	Pay Plan	Pay Range	Are persons in this position subject to performance evaluation?	Are persons in this position employed full-time as adjudication officers?	Are persons in this position subject to quality control measures or production goals?	If "Yes," briefly describe:
Veterans Law Judge	0935-Administrative Law Judge	ALJ	03	Yes	Yes	Yes	Veterans Law Judges (VLJs) are required to produce a set number of cases each year. A percentage of the decisions produced by the VLJs are subject to review by the Board's Office of Quality Review for legal and substantive errors.

Comments/Notes on Appellate Adjudicators (Optional):

"The principal functions of the Board are to make determinations of appellate jurisdiction, consider all applications on appeal properly before it, conduct hearings on appeal, evaluate the evidence of record, and enter decisions in writing on the questions presented on appeal." 38 CFR 19.4

ADR: General Information

Is ADR available at one or more points for appellate cases heard by this office?:

No

ADR – Summary Statistics

For Fiscal Year 2013, please provide the following annual ADR statistics:

CASELOAD STATISTICS - Supplementary Statistics

Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:

Yes

If "Yes," please indicate preferred format below.:

Separate email with statistical attachment (e.g., PDF, MS-Word, Excel)

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Verified

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DOVAACCR0011 - Appeal Level 1 - Procedures