APPELLATE REFORM

Modernizing the VA Appeals System Through Congressional Action

Military-Veterans Advocacy® supports comprehensive legislative reform of the Department of Veterans Affairs appellate system to eliminate backlog, modernize procedures, and ensure timely adjudication of veterans’ claims.

For years, the VA appeals process has been burdened by excessive delays, inconsistent standards, and outdated administrative practices. Meaningful reform requires statutory change not merely regulatory adjustment.

The Scope of the Problem

The VA appellate backlog has reached hundreds of thousands of pending appeals in recent years. Estimates have placed the backlog at approximately 450,000 cases, with the average appeal delayed for several years.

Data reviewed by the VA Office of Inspector General indicates that approximately 7% of appeals were closed due to the death of the appellant.

Applying that percentage to recent pending appeal totals suggests that thousands of veterans may die while awaiting adjudication.

Justice delayed is justice denied.

In addition:

Hearing scheduling remains inconsistent
Excessive remands prolong final decisions
Electronic case management systems remain inadequate
The Board of Veterans’ Appeals operates without the procedural safeguards common in other federal adjudication systems

The current structure does not reflect the efficiency found in Social Security, EEOC, or Merit Systems Protection Board proceedings

The VA Appeals Reform Act of 2017

Military-Veterans Advocacy® supported legislative efforts designed to modernize and repair the broken appellate structure.

The proposed reforms included:

Requiring Board members to meet Administrative Law Judge standards
Implementing structured scheduling conferences and case management orders
Establishing accountability measures for excessive remands
Creating a formal discovery process to streamline appeals
Mandating electronic filing and case management systems
Allowing earlier attorney representation
Revising standards of judicial review to ensure meaningful oversight
Clarifying jurisdictional provisions under Title 38

See MVA’s legislative one-pager for full details

Why Legislative Reform Matters

The veterans’ benefits system was designed to be non-adversarial and veteran-friendly. However, structural inefficiencies undermine that intent.

Legislative reform ensures:

Timely resolution of appeals
Clear statutory standards
Accountability within the Board of Veterans’ Appeals
Meaningful judicial review
Preservation of veterans’ procedural rights

Regulatory change alone cannot solve systemic design flaws. Only Congress can modernize the statutory framework governing VA appeals.

MVA’s Legislative Advocacy

Military-Veterans Advocacy® engages lawmakers, submits formal policy proposals, and provides testimony in support of veterans’ appellate reform.

Effective reform requires:

Clear statutory authority
Defined procedural standards
Modern case management systems
Oversight mechanisms to protect veterans’ rights

MVA remains committed to advancing legislative solutions that restore efficiency, fairness, and accountability to the VA appeals system.

Suggested Download Section

Download VA Appeals Reform One-Pager

View Backlog & Mortality Data Summary