What is the VA’s plans to resolve legacy BVA appeals?

SGT Scott M — Wed, 31 Jan 2024 09:56:21 -0500

There was a 2022 goal, well that has passed. There is still a lot of legacy appeals languishing waiting for the BVA that were docketed before 2019. Curious what the oldest appeals are, wouldn’t be surprised if there is a few from before 2010. The VA needs to cease with lip service and step up with the action.

Response by MSG Private RallyPoint Member made Jan 31 at 2024 10:08 AM

MSG Private RallyPoint Member — Wed, 31 Jan 2024 10:08:35 -0500

You realize they have hundreds of thousands of appeals they have to review, right? Legally they must start with the very first one received and work their way forward. Congress gave the VA more resources to hire more Veterans Law Judges, supporting counsel, and staff to help resolve and process these appeals....but there are still thousands upon thousands of cases.

Response by COL Randall C. made Jan 31 at 2024 11:21 AM

COL Randall C. — Wed, 31 Jan 2024 11:21:33 -0500

You can easily see the information yourself about the progress they are making on legacy appeals by going to the website* and looking at the monthly (Excel spreadsheet) or bi-annual (.pdf report to Congress) reports.

As MSG Private RallyPoint Member said, there were hundreds of thousands of legacy appeals that were in the system (472,066 in November of 2017), but they have decreased significantly since then. According to the latest information*, they reduced the backlog to 51,459 legacy appeals at the end of CY2023.

Why so slow? After all, they were able to reduce legacy appeals at an average of 100k per year from FY18 to FY20. The answer is that a legacy appeal will stay as a legacy appeal unless the claimant wants to change it to the modernized system. As long as the appeal is appealed in the allotted timeframe, the claim is still active. Many of the "sticky" legacy claims have been "around the horn"* multiple times with appeals.

You can read the latest full report* to Congress (FY22) regarding the status of the legacy appeals.
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* VBA Appeals Modernization Act Comprehensive Plan and Reporting - https://www.benefits.va.gov/REPORTS/ama/
* "Around the horn" - The attached slide show the legacy appeals process. As long as a claim is appealed in a timely fashion it could theoretically be in the decades for decades.
* DVA FY22 Annual Report - https://www.bva.va.gov/docs/Chairmans_Annual_Rpts/bva2022ar.pdf

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Response by CPO Chief Pitts made Feb 21 at 2024 7:33 PM

CPO Chief Pitts — Wed, 21 Feb 2024 19:33:30 -0500

2010? How about 1994 back appeal with documents military medical records the VA was hiding? Far back enough for you?