Other Fields
Agency Scheme: 
DOVACOEA0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Deputy Under Secretary for Benefits
Name of Hearing Office (global name): 
Department of Veterans Affairs: Office of Deputy Under Secretary for Benefits
Sub-Agency/Bureau/Division:: 
Veterans Benefits Administration
Hearing Officer #1 (Title): 
Education Officer of VA Regional Processing Office
Hearing Officer #2 (Title): 
Committee on Educational Allowances Member
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (Some Types of Cases)
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
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
38 CFR 21.4200-21.4216
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
No
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
0%
In-Person: 
0%
Video: 
0%
Phone: 
0%
How is the type of hearing selected: 
Required by Rule
How many hearing officers preside at each hearing?: 
Three
Is witness testimony permitted at hearings?: 
Yes
Can parties cross-examine witnesses?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Yes (Hearings Always Open/All Types of Cases)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
Other
If "Other," please specify: 
The Director of VA Regional Processing Office, not the Committee, has authority to issue final decisions.
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
First-In/First-Out Basis
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
38 CFR 21.4214(e)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
The proceedings are not trial-like, but rather, are designed to create a complete record upon which a recommendation may be made to the Director regarding what action he or she should take. See 38 CFR 21.4211(b)(3) The hearing is open to the public, though effort is made to protect the privacy of individuals. See 38 CFR 21.4214 Decisions are issued at the earliest possible time, and are published in the Federal Register. See 38 CFR 21.4214(o), 21.4215(e)(3) Hearings are to be conducted in an orderly manner with dignity and decorum. See 38 CFR 21.4214(m) Evidence is admitted if it is of probative value in decision the question at issue. Irrelevant, immaterial, or unduly repetitious evidence will be excluded; however, reasonable latitude is permitted with respect to the relevancy, materiality, and competency of evidence. See 38 CFR 21.4214(c)
ADJUDICATORS
Total # of Hearing Officers: 
3
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The Committee on Educational Allowances consists of three employees of the VA Regional Processing Office of jurisdiction. At least one of the committee members must be familiar with the adjudication of claims for benefits administered by the Veterans Benefits Administration. The Director appoints a Chairperson, and if a member is unable to serve, the Director will appoint a replacement.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
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 held a hearing 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 hearing process.
Verified by Agency: 
Verified