BLUMENTHAL DEMANDS REFORMS TO EXPEDITE VA APPEALS HEARINGS

VA Heeds Blumenthal Call and Adds Additional Hearing Date, but More Needed in Connecticut and Nationwide To Ensure Timely Review of Veteran Appeals

(Hartford) – U.S. Senator Richard Blumenthal (D-Conn.) today joined Connecticut veterans in demanding reforms to expedite Board of Veterans Appeals hearings following a decision that would have left all Connecticut veterans waiting until FY2017 or later for appeals hearings.

Veterans Benefits Administration has 440,000 appeals pending nationwide, with some veterans waiting years for resolution. In one outrageous case, a veteran wanted 25 years for a final decision.

Earlier this year, BVA informed veterans that there would be no hearings through the remainder of fiscal year 2016 for the Hartford Veterans Administration Regional Office. Instead, BVA intended to divert resources to other areas of the country facing even longer wait times. That decision meant that Connecticut veterans who filed appeals in 2014 would have had to wait until at least FY2017 for a decision, and veterans who filed appeals this year could have expected to wait another two years for a decision. After hearing from numerous veterans and advocates outraged by the move, Blumenthal wrote Secretary of Veterans Affairs Robert McDonald to urge that BVA reverse its decision and provide additional hearing dates for Connecticut veterans.

Heeding Blumenthal’s call, BVA has now agreed to add a new videoconference hearing date for Connecticut veterans—a stop gap measure that will provide relief to a limited number of veterans. Blumenthal and veterans today called on BVA to commit to a plan for additional hearings to ensure timely access to justice for Connecticut veterans. Blumenthal also called for broader reforms to appeals hearings to eliminate the backlog in Connecticut and nationwide.

“Justice delayed is justice denied, and no veteran in Connecticut or nationwide should be forced to wait years for the benefits they earned and deserve. The majority of these cases involve disability benefits— in many cases a lifeline for injured and disabled veterans unable to work. VA must establish new procedures immediately to address the oldest appeals without prejudicing and unduly prolonging newer ones,” Blumenthal said.

Full text of the letter to Secretary McDonald is below:

Dear Secretary McDonald:

I write to urge your immediate review of the recent changes to the Board of Veterans Appeals (BVA) scheduling priorities allocating hearing dates to the oldest pending cases nationwide, and thereby systematically shortchanging others.

Apparently, BVA is seeking to clear the oldest cases–some delayed by many years–which is a commendable goal. While I share your desire to address the oldest pending cases, the end result is there are currently no BVA hearings allocated to the Hartford Veterans Administration Regional Office (VARO) for the remainder of fiscal year 2016. This outcome, even if unintended, is simply unacceptable. If no additional hearing dates are provided to process newer cases in Connecticut, BVA will be contributing to another backlog and making our veteran appeals wait unacceptably long for a fair, adequate result.

Already, veteran constituents and their representatives have contacted me expressing frustration that they will not receive a hearing in ten months and also that the number of cases pending ahead of them will not be reduced. In essence, the pending line of appeals will be frozen for at least 10 months while more appeals will undoubtedly be added. Further, veterans who filed appeals in 2014 will receive no hearing until after 2016 and veterans who filed their appeals in 2015 with likely not receive a hearing for another 2 years. While veterans may elect to proceed with an in-person hearing in Washington, D.C., many lack the financial means to do so. BVA provides no monetary assistance for them to do so. As a result, I believe the best solution would be to allocate adequate resources and docket dates for Hartford VARO hearings.

I appreciate BVA’s cooperation in addressing my concerns regarding the Hartford VARO, and I hope this cooperation with result in additional hearings for Connecticut veterans. Even with such short term steps, BVA must establish a new procedure to address the oldest appeals without prejudicing and unduly prolonging newer ones. Such exacerbated, egregious delay denies justice to veterans in Connecticut. I urge you to reconsider and revise the recent changes in the hearings process to allocate adequate resources and BVA hearings to the Hartford VARO and other similarly situated VARO's. Please inform my office, as well as veterans and veteran representatives, of any changes in process for requesting additional hearings.

Thank you for your attention to this matter. I look forward to your response.