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Summary

Congress, through the United States Department of Veterans Affairs (VA), provides a variety of benefits and services to veterans and to certain members of their families. These benefits range from health care and related services to burial benefits. The veterans basic eligibility for these programs and services is usually determined by the local VA office. Veterans not satisfied with the VAs decision(s) may wish to have them reviewed and may appeal the decision(s). This report traces the various steps involved in the appeal processstarting with the original application for benefits and concluding with an appeal to the U.S. Supreme Court. A flow chart outlining all of the steps in the appeal process is provided. Following the filing of the initial appeal, the local VA office will either allow or disallow the claim. If the veteran/claimant wishes to appeal, a written request for appeal must be filed and various time deadlines and other requirements must be met prior to the case being considered by the Board of Veterans Appeals (BVA). The appeal before the BVA may be a hearing at the local VA office by a traveling Board member; a hearing at the BVA office in Washington, DC; or a videoconference hearing at the local VA office. There are specific guidelines for a person representing a veteran before the BVA. Legislation enacted in the 109th Congress changed traditional guidelines to allow for legal representation for veterans throughout the administrative appeals process. The veteran/claimant may appeal the decision of the BVA to the Court of Appeals for Veterans Claims (CAVC), which is an independent federal court and not part of the VA. The decision of the CAVC may be appealed by either the veteran/claimant or the VA to the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), an Article III court that sits in Washington, DC and has exclusive jurisdiction to hear cases challenging CAVC rulings. Decisions of the Federal Circuit may be appealed to the U.S. Supreme Court, which has final jurisdiction. The VA has various statutory obligations to assist the veteran in the preparation of his/her application for benefits and any subsequent appeal(s). Among these obligations are assistance in the preparation of the initial application; provision of various records; medical exams; and other related issues. Certain legal and factual presumptions are established by statute that may be favorable to the veterans claim. These issues are examined in Appendix A of this report. Legislation introduced in the 111th Congress concerning the appeal process is summarized in Appendix B. Legislation that was considered in the 110th Congress concerning the appeal process is summarized in Appendix C. Although this legislation was not enacted into law, it is expected that similar legislation concerning the appeal process may be introduced in the 111th Congress. This report will be updated to reflect legislative activity as it occurs.

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