What Happened?

If you ask the Board of Veterans' Appeals to review a Department of Veterans Affairs (VA) decision, appeals took an average of 937 to 1,091 days in fiscal 2024, depending on the docket. A Legis1 review of a Congressional Research Service report found the board's backlog stood at 200,805 pending appeals at the end of that year. ​

The Congressional Research Service (CRS), Congress' in-house research arm, published the report, The Board of Veterans' Appeals: A Brief Introduction. The board missed its timeliness goals on all three dockets, which are the tracks claimants choose when appealing:

  • Direct review: Appeals took 937 days on average, against a goal of one year.
  • New evidence: Appeals took 1,028 days, against a goal of 550 days.
  • Hearing: Appeals took 1,091 days, against a goal of 730 days.

Claimants who disagree with eligible VA decisions can appeal to the board. Under the modernized appeals system, claimants generally must file a notice of disagreement within one year of the decision.

Why Does it Matter to Me?

Hearing-docket appeals ran 361 days past the goal. Direct review ran 572 days over, and new evidence ran 478 days over.

The board decided 116,192 cases in fiscal 2024 and received 108,842 new appeals, meaning it decided 7,350 more cases than it received. The number of Veterans Law Judges, who decide appeals, rose from 92 at the end of fiscal 2018 to 132 at the end of fiscal 2024, an increase of 40.

The current process stems from the Veterans Appeals Improvement and Modernization Act of 2017. Congress enacted it to expedite VA's appeals process while protecting veterans' due process rights, according to CRS. The modernized system took effect Feb. 19, 2019, and the board continues to resolve older appeals filed under the previous system.

Both Sides, Now

Concerns remain about the board's pace. CRS says Congress may wish to weigh how additional procedural requirements affect the board's ability to resolve appeals efficiently, describing its caseload and backlog as "a perennial issue for Congress." In 2017, the U.S. Government Accountability Office reported that, without corrective action, veterans could wait an average of 8.5 years for appeals to be resolved by fiscal 2026.

Lawmakers in recent Congresses have introduced bills that would add procedural requirements, according to CRS. The proposals would:

  • Add evidence: Allow claimants to submit additional evidence following court remands.
  • Require reporting: Direct VA's inspector general to report on the appeals backlog.
  • Expand notices: Require additional information in decision notices.
  • Group appeals: Allow the board to consolidate appeals raising substantially similar questions of law or fact.

Congress enacted the 2017 law and retains the authority to amend it.

What Happens Next?

The proposals identified by CRS do not establish a single legislative deadline or guarantee a vote or committee markup. The board continues to process appeals under the modernized system while resolving older cases filed under the previous system.

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