Posted on Jan 31, 2024
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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.
Posted in these groups: 
Veterans Affairs (VA)
Veteran Benefits Advisor
Veterans Affairs (VA) Veteran Benefits Advisor
Posted 10 mo ago
Responses: 4
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 (Join to see) 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
As MSG (Join to see) 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.
----------------------------------------
* 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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SGT Scott M
I know where the data is. Ever had to take a claim to the BVA Colonel, wait almost a decade to get your day in front of the judge and explain how the VBA wronged you and why you are owed retroactive benefits without interest for many years? I have. Not sure asking veterans to wait 6,7,8+ years is progress to have their claim decided. I don’t know my claim is over a decade old and still open. Sad. Disappointing. Disingenuous. I used to get a knot in my stomach everytime I got a letter from the VA, what more bad news, more excuses. Veterans need to keep telling their stories and holding the VA accountable. It’s easy to look at skewed data, overly complex flowcharts and say hey but we’re doing better, sort of.
While I commend finally adding more VLJs, something that should have been included in the AMA, doubled, that’s really how you get the appeals wait down. I worry this round of veterans dealing with PACT surge, while May not surpass the 700k backlog of 2013 that resulted in the 450k backlog at the BVA 4 years later as the VBA clearly dumped their problems and metrics on the BVA. That saying about history repeating itself. Well we’ll see what lipservice we get in 3 years.
While I commend finally adding more VLJs, something that should have been included in the AMA, doubled, that’s really how you get the appeals wait down. I worry this round of veterans dealing with PACT surge, while May not surpass the 700k backlog of 2013 that resulted in the 450k backlog at the BVA 4 years later as the VBA clearly dumped their problems and metrics on the BVA. That saying about history repeating itself. Well we’ll see what lipservice we get in 3 years.
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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.
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SGT Scott M
There’s a thing called AOC. Advance on docket. You get that via hardship which according to some can be obtained by merely sending a copy of a late phone bill to the VA. So yes they are supposed to work claims first in first out, wouldn’t make sense why so many AMA claims, claims docketed post 2019 are being resolved while the legacy claims barely moves. Returned legacy remands are supposed to be highest priority. Wonder how many of those are waiting and for how long. Huge disservice to ask veterans to wait 5 years or more for their claim to be resolved. Thought AMA was supposed to address this. Here we are 5 years post AMA and there are still veterans waiting as long as ever and n the BVA.
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SGT Scott M
Wondering if those in defense of the BVA wait ever been thru the process? Vets report feeling hopeless, lost, angry. One of the concerns is the perceived lack of accountability starting at the VBA. The legacy appeals swelled because the VBA was drawing huge scrutiny in 2013 for that massive 700k backlog. What we now know of that problem, including likely performance metrics was shifted to the BVA which resulted in almost 500k backlog there.
Part of my point is leave no veteran behind. Seems like the veterans still waiting on the BVA who filed for a BVA hearing >5 years ago, are being left behind. The VA doesn’t seem to even speak of a legacy appeals goal anymore. Like they don’t want to address the issue and maybe hopes it falls out of public view.
Part of my point is leave no veteran behind. Seems like the veterans still waiting on the BVA who filed for a BVA hearing >5 years ago, are being left behind. The VA doesn’t seem to even speak of a legacy appeals goal anymore. Like they don’t want to address the issue and maybe hopes it falls out of public view.
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PO3 William Green
I think they are waiting for us to die. My case has been in to the BOA in Washington twice and back to the Phoenix RO with know less then 20 remands. The Phoenix regional office should be retrain to help the vets or fired. I wonder how many legit Vets are waiting on their cases. Just writing this text is hard not slam and tell you what I really think of the RO (regional office). Its going to take a couple days for my blood pressure to get back to normal. VA medical is 100% good, VA regional office doesn't rate a 0. I've moved on but when I see someone trying to to say they are doing the best they can I beg to differ. Good luck to the Vets
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CPO Chief Pitts
Then if it is that bad, VA needs to cut some upper level management personnel's income, reach into the hidden funds box and hire more people to clear the backlog. Can you say, that ain't never going to happen? Even after they were dragged before Congress and Senate subcommittees.
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Addressing this issue requires a concerted effort to increase resources, streamline processes, and enhance accountability within the VA.
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