Team Infidel
Forum Spin Doctor
Honolulu Advertiser
November 8, 2007 By Dennis Camire, Advertiser Washington Bureau
WASHINGTON — The U.S. court that handles appeals from veterans handed down a record number of decisions this year, but veterans are waiting two months longer for rulings on their cases.
Part of the problem is that new cases are being filed with the U.S. Court of Appeals for Veterans Claims at a record pace. More than 4,600 cases — appeals of rulings on disability claims and other issues — were filed this year, almost 25 percent more than in any previous year.
The court also is taking longer to decide cases — an average of 416 days this year compared with 351 in 2006. As a result, the number of pending cases has jumped to almost 6,300, about 36 percent more than two years ago.
Sen. Daniel Akaka, D-Hawai'i, chairman of the Senate Veterans Affairs Committee, said the VA disability claims process can be "arduous" and can take veterans years to navigate. The committee is examining the problem.
"Veterans deserve to have their issues resolved fairly and in a reasonable amount of time," Akaka said. "Ensuring the court has adequate staffing and resources and uses them in an efficient manner will go a long way to meeting these goals."
R. Randall Campbell, assistant general counsel at the Veterans Affairs Department, said his office has watched the caseload steadily increase since the court opened in 1989.
"For example, my office alone filed more than 29,700 pleadings with the veterans court (last year)," he said. "Based on the increasing number of disability claims expected, we do not believe the caseload has hit a plateau."
Appeals Court Chief Judge William P. Greene told the Senate committee the court has taken steps to speed up the process, including calling five retired judges back to duty for 90 days last year and hiring more law clerks to help review cases.
Other steps included speeding up the records process, which can reduce processing time, and moving forward on implementing an electronic filing system.
Greene also asked that the seven-judge court be expanded to nine judges.
"As the number of (VA) decisions and total denials (of claims) increases, we expect the court's incoming caseload to increase proportionally," he said. "It is therefore likely the court's case inventory will continue to grow unless the number of active judges is increased."
Richard Cohen, president of the National Organization of Veterans' Advocates, said veterans are filing more appeals because the VA has been denying more claims over the last two years.
The appeals court also decides only one issue on each appeal, regardless of any other appellate issues a veteran may have raised, Cohen said. As a result, cases are stuck on a "proverbial hamster wheel," Cohen said.
"Sadly, it is not unusual for a veteran with a meritorious claim to have to appeal to the (court) three, four or five times on the same issue," he said. "This hamster wheel thing denies justice tremendously to the veterans."
November 8, 2007 By Dennis Camire, Advertiser Washington Bureau
WASHINGTON — The U.S. court that handles appeals from veterans handed down a record number of decisions this year, but veterans are waiting two months longer for rulings on their cases.
Part of the problem is that new cases are being filed with the U.S. Court of Appeals for Veterans Claims at a record pace. More than 4,600 cases — appeals of rulings on disability claims and other issues — were filed this year, almost 25 percent more than in any previous year.
The court also is taking longer to decide cases — an average of 416 days this year compared with 351 in 2006. As a result, the number of pending cases has jumped to almost 6,300, about 36 percent more than two years ago.
Sen. Daniel Akaka, D-Hawai'i, chairman of the Senate Veterans Affairs Committee, said the VA disability claims process can be "arduous" and can take veterans years to navigate. The committee is examining the problem.
"Veterans deserve to have their issues resolved fairly and in a reasonable amount of time," Akaka said. "Ensuring the court has adequate staffing and resources and uses them in an efficient manner will go a long way to meeting these goals."
R. Randall Campbell, assistant general counsel at the Veterans Affairs Department, said his office has watched the caseload steadily increase since the court opened in 1989.
"For example, my office alone filed more than 29,700 pleadings with the veterans court (last year)," he said. "Based on the increasing number of disability claims expected, we do not believe the caseload has hit a plateau."
Appeals Court Chief Judge William P. Greene told the Senate committee the court has taken steps to speed up the process, including calling five retired judges back to duty for 90 days last year and hiring more law clerks to help review cases.
Other steps included speeding up the records process, which can reduce processing time, and moving forward on implementing an electronic filing system.
Greene also asked that the seven-judge court be expanded to nine judges.
"As the number of (VA) decisions and total denials (of claims) increases, we expect the court's incoming caseload to increase proportionally," he said. "It is therefore likely the court's case inventory will continue to grow unless the number of active judges is increased."
Richard Cohen, president of the National Organization of Veterans' Advocates, said veterans are filing more appeals because the VA has been denying more claims over the last two years.
The appeals court also decides only one issue on each appeal, regardless of any other appellate issues a veteran may have raised, Cohen said. As a result, cases are stuck on a "proverbial hamster wheel," Cohen said.
"Sadly, it is not unusual for a veteran with a meritorious claim to have to appeal to the (court) three, four or five times on the same issue," he said. "This hamster wheel thing denies justice tremendously to the veterans."