Other Fields
Agency Scheme: 
DOVACOEA0004
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of the Director for Education Service
Appeal Office (global name): 
Department of Veterans Affairs: Office of the Director for Education Service
Sub-Agency/Bureau/Division:: 
Veterans Benefits Administration
Appeal Officer #1 (Title): 
Director
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
The Committee on Educational Allowances hears matters relating to (1) suspension of educational assistance payments to eligible individuals already enrolled in a course; (2) disapproval of further enrollments or re-enrollments of individuals seeking VA educational assistance for a particular course; and (3) suspension of educational assistance payments to eligible individuals who desire to take a licensing or certification test. The parties include the educational institution and the VA Regional Counsel, or designee (a veteran may appeal to the Board of Veterans' Appeals). The Committee then transmits the record, along with its recommendations to the Director of the VA Regional Processing Office, who issues a decision. If the educational institution is dissatisfied with the decision, it may appeal to the Director for Education Service.
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?: 
No
Is the agency permitted to have representation at appeal hearings?: 
No
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
38 CFR 21.4216
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
0%
In-Person: 
0%
Video: 
0%
Phone: 
0%
How is the type of hearing selected for appeals heard by this office?: 
Required by Rule
How many appeal officers preside at each hearing?: 
One
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
No
Are appeal hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
N/A (Document-Only Hearing)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
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
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
No
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at this appellate office?: 
First-In/First-Out Basis
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?: 
No
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): 
"This review will be based on the evidence of record when the Director of the VA Regional Processing Office of jurisdiction made that decision. It will not be de novo in nature and no hearing on the issue will be held. When reviewing a decision to deny payment for licensing or certification tests, the Director, Education Service may seek the advice of the Professional Certification and Licensure Advisory Committee." 38 CFR 21.4216(a) The Director for Education Service may affirm, reverse, or remand the decision. In the event the decision is affirmed or reversed, that action is the final decisions of VA. See 38 CFR 21.4216(b) Decisions are posted in the Federal Register. See 38 CFR 21.4216(c)
ADJUDICATORS
Total # of Appeal Officers: 
1
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
0
Total # Cases Decided/Closed (FY2013): 
0
Total # Cases Pending (End of FY2013): 
0
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
VA has not convened a Committee on Education Allowances or received an appeal in decades. VA also has the authority to disapprove educational programs, as opposed to suspending or disallowing benefit payments. Program disapproval does not entail a appellate process.
Verified by Agency: 
Verified