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March 23, 2017

King Reintroduces Legislation to Overhaul Broken VA Appeals Process

Bill would replace archaic system with one that provides veterans with clear choices to help expedite review of their appeal for benefits

WASHINGTON, D.C. – U.S. Senator Angus King (I-Maine) today joined Senators Richard Blumenthal (D-Conn.) and Jon Tester (D-Mont.) to reintroduce legislation that would overhaul the Department of Veterans Affairs’ broken appeals process. The process has not been updated since 1933, and more than 450,000 appeals are currently pending. Because of redundancies and inefficiencies in the current process, most veterans wait years for a decision on their appeals. By replacing the current process, the Department of Veterans Affairs Appeals Modernization Act would expedite appeals before the Board of Veterans Appeals and give veterans clear options after receiving an initial decision.

“A disabled veteran deserves more than a place on a waiting list or getting tied up in a VA backlog. But, too often, Maine veterans are paying the price for bureaucratic failures and that’s not only wrong, it’s unacceptable,” Senator King said. “Veterans deserve a full, fair, and timely review of their appeals and our legislation will help accomplish that.”

The legislation introduced today would give veterans clear options after receiving an initial decision by consolidating the current appeals process into three distinct tracks:

  • Local Higher Level Review:  This lane would provide the opportunity for a quick resolution of the claim by a higher-level adjudicator at the VA Regional Office. This lane would be a good option for veterans who are confident they have all the evidence necessary to win their claim.
  • New Evidence: This lane would be for submitting new evidence at the VA Regional Office. This lane would serve as a good option for veterans who believe that they can succeed on their claim by providing additional evidence.
  • Board Review: In this last lane, intermediate steps currently required by statute to receive Board review would be eliminated. Furthermore, hearing and non-hearing options at the Board would be handled on separate dockets so these distinctly different types of work can be better managed.

The Department of Veterans Affairs Appeals Modernization Act is a reintroduction of S. 3328 from last Congress, which was supported by the Disabled American Veterans, the American Legion, the Veterans of Foreign Wars, the Paralyzed Veterans of America, AMVETS, the Military Officers Association of America, the National Association of County Veterans Service Officers, and the National Association of State Directors of Veterans Affairs.

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