Board Of Veterans’ Appeals

Fiscal Year 2005

Report Of The Chairman
January 31, 2006

The Honorable R. James Nicholson

Secretary of Veterans Affairs

Department of Veterans Affairs

810 Vermont Avenue, N.W.

Washington, DC 20420

Dear Mr. Secretary:

I am pleased to present the Fiscal Year 2005 Report of the Chairman, Board of Veterans’ 

Appeals (Board or BVA), for inclusion in your submission to Congress. Information on the 

activities of the Board during Fiscal Year 2005 and the projected activities of the Board for Fiscal 

Years 2006 and 2007, as required by 38 U.S.C. § 7101(d)(1), are provided in Parts I and II.

Fiscal Year 2005 saw the Board increase productivity, despite decreased resources. The 

Board conducted a record number of personal hearings and also focused on training and 

succession planning.

Although veterans benefits law continued to change, the employees of the Board never 

lost sight of the mission to produce timely, quality decisions for the veterans we serve. 

Nor did they lose sight of our obligation to treat veterans and their families with care and 

compassion.

I believe the enclosed report will provide you, the Congress, and the veterans we serve with 

an accurate and meaningful perspective on the Board’s activities during Fiscal Year 2005.

Very respectfully,

James P. Terry

Chairman

Enclosure

DEPARTMENT OF VETERANS AFFAIRS

Chairman, Board of Veterans’ Appeals

Washington DC 20420
Introduction ................................................................................ 1

Part I: Activities Of The Board Of Veterans’ Appeals 

Fiscal Year 2005 ........................................................................ 2

CHALLENGES ..................................................................................... 3

THE BOARD’S PRIMARY OBJECTIVES FOR FISCAL YEARS 2006 AND 2007 ..... 3

1. Eliminate Avoidable Remands .................................................... 3

2. Eliminate the Backlog ................................................................ 5

3. Improve Quality ....................................................................... 6

4. Succession Planning .................................................................. 6

FISCAL YEAR 2005 HIGHLIGHTS .......................................................... 6

ASSISTANCE TO VBA REGIONAL OFFICES ........................................... 7

HEARING TRANSCRIPTS .................................................................... 7

VETERANS SERVICE ORGANIZATION (VSO) FORUMS .......................... 7

VOLUNTEER ACTIVITIES .................................................................... 7

PLANNING FOR THE FUTURE ............................................................. 8

Board Members ........................................................................... 9

Part II: Statistical Data ............................................................ 10

Projections For Fiscal Years 2006 And 2007 ................. 13

Additional Information ............................................................ 15

Table of Contents

REPORT OF THE CHAIRMAN FY 05
The law requires that the Chairman of the Board of Veterans’ Appeals (Board or BVA) report the 

activities of the Board at the conclusion of each fiscal year. This report includes two parts. Part I 

provides a discussion of BVA activities during Fiscal Year 2005 and projected activities for Fiscal 

Years 2006 and 2007. Part II provides statistical information related to our activities during Fiscal 

Year 2005 and projected activities for Fiscal Years 2006 and 2007.

The Board makes final decisions on behalf of the Secretary on appeals from decisions of local 

Department of Veterans Affairs (VA) offices. The Board reviews all appeals for entitlement to 

veterans’ benefits, including claims for service connection, increased disability ratings, total 

disability ratings, pension, insurance benefits, educational benefits, home loan guaranties, 

vocational rehabilitation, dependency and indemnity compensation, and health care delivery.

The Board’s mission, as set forth in 38 U.S.C. § 7101(a), is “to conduct hearings and dispose of 

appeals properly before the Board in a timely manner.” The Board’s goal is to issue quality 

decisions in compliance with the requirements of the law, including the precedential decisions of 

the United States Court of Appeals for Veterans Claims (CAVC) and other federal courts.

Board Members/Veterans Law Judges

Introduction

1

REPORT OF THE CHAIRMAN FY 05
In Fiscal Year 2005, the Board focused on conducting hearings and issuing decisions in a timely 

manner for our Nation’s veterans and their families. With a business-plan strength of 56 Veterans 

Law Judges (VLJs), the Board conducted 8,576 hearings and issued 34,175 decisions with a 

cycle time of 104 days. Cycle time measures the time from the date an appeal is physically 

received at the Board until a decision is dispatched, excluding the time the case is with a service 

organization representative.

In Fiscal Year 2005, the Board continued to implement its succession plan. Five new VLJs were 

appointed to the Board through a competitive selection process to replace departing VLJs. Four 

of the new VLJs came from the Board’s staff of eight Senior Counsel, which in turn resulted in 

the competitive selection of four new Senior Counsel.

On July 14, 2005, the United States Senate Committee on Veterans Affairs held a confirmation 

hearing for James P. Terry, who was nominated by the President of the United States to 

a six-year term appointment as Chairman of the Board. On July 31, 2005, the United States 

Senate confirmed the nomination. The Board enthusiastically welcomed Chairman Terry and 

immediately pledged its support for his efforts to improve decision output and quality.

REPORT OF THE CHAIRMAN FY 05

Part I

Activities Of The Board Of Veterans’ Appeals

Fiscal Year 2005

2

The Honorable R. James Nicholson swears in James P. Terry as Chairman
CHALLENGES

Despite efforts to issue more decisions, the Board continues to receive more appeals than it is 

deciding. Case receipts for Fiscal Year 2005 were 41,816, and the number of cases pending before 

the Board at the end of Fiscal Year 2005 was 37,539. The Board’s most significant challenge for 

the future is eliminating the growing backlog with available resources.

As the backlog grew during Fiscal Year 2005, the Board aggressively focused on methods to increase 

decision output. These methods included efforts to eliminate avoidable remands, voluntary 

attorney overtime, production incentives for attorneys, and training VLJs and attorneys to write 

clear, concise, coherent, and correct decisions. However, case receipts continued to eclipse output. 

The number of appeals received in Fiscal Year 2005 (41,816) was greater than those received in 

Fiscal Year 2004 (39,956). In Fiscal Year 2006, the Board projects that case receipts will increase 

further, to approximately 43,000 appeals.

In addition to the increase in case receipts, the 8,576 hearings conducted by the Board in Fiscal 

Year 2005 is a dramatic increase from the 7,259 conducted in Fiscal Year 2004, and the 6,046 

conducted in Fiscal Year 2003. The Board completed this record-setting number of hearings 

without an increase in the number of VLJs. If the number of hearings conducted continues to 

increase by approximately 20% each fiscal year, the Board will face a significant challenge to 

issue decisions and conduct hearings in a timely manner.

THE BOARD’S PRIMARY OBJECTIVES FOR FISCAL YEARS 2006 AND 2007

1. Eliminate Avoidable Remands

Veterans want timely and correct decisions on claims for benefits. The record must contain all 

evidence necessary to decide the claim and show that all necessary due process has been provided. 

If the record does not meet these requirements, and the benefits sought cannot be granted, a 

remand for further development is necessary. However, remands from the Board to the Agency 

of Original Jurisdiction (AOJ) significantly increase the time it takes for a veteran to receive a 

final decision. A remand adds about a year to the appellate process. Furthermore, about 75% of 

cases remanded by the Board are subsequently returned to the Board, which increases the Board’s 

workload and degrades timeliness. Eliminating avoidable remands is a goal that will provide 

better service to veterans and their families and, ultimately, help diminish the growing backlog.

The Board and the Veterans Benefits Administration (VBA) began developing an action plan to 

reduce the number of avoidable Board remands beginning in late Fiscal Year 2004. The following 

initiatives were part of the action plan:

--Data Collection: First, the Board and VBA agreed upon a reliable process for 

capturing information prospectively on reasons for remand, and conducted a 

retrospective analysis of a sufficiently representative sample of Board remands to 

catalog the various reasons for remand.

--Training: Another initiative encompassed training both regional office (RO) personnel 

and the Board’s judges and staff attorneys on topics such as obtaining Social Security 

Administration records, the Veterans Claims Assistance Act of 2000 (VCAA) notice 

requirements, and medical examinations and opinions. BVA and VBA held joint training 

sessions, including a nationally broadcast video, on avoidable remands and evidence 

REPORT OF THE CHAIRMAN FY 05

3
development. The Board also held training sessions for its VLJs and staff counsel on a 

variety of medical and legal subjects, aspects of remand avoidance, and on how to draft 

clear and concise remand orders. The Board will continue to work with VBA and the 

Veterans Health Administration (VHA) on the Compensation and Pension Examination 

Project (CPEP), to improve the quality of VA compensation examinations so that remands 

to obtain examinations can be reduced.

--Concise Explanations in Remands: The Board will provide a concise explanation 

of the reasons for remand in individual decisions in order to reduce ambiguity and 

to improve field processing. Better understanding of and compliance with remand 

directives will decrease the risk of a second remand in a particular case and may help 

avoid future remands because of the same deficiency.

In addition to the joint initiative with VBA, the Board explored other courses of action to eliminate 

avoidable remands.

--Prejudicial Error Analysis: One reason for the high remand rate in Fiscal Year 2004 

was the VCAA, which among other things, heightened VA’s duty to assist and duty to 

notify claimants of the type of evidence needed to substantiate their claims.

On June 24, 2004, the CAVC issued Pelegrini v. Principi, 18 Vet. App. 112 (2004). That 

decision held that a VCAA notice letter must be provided to a claimant prior to an 

initial adverse adjudication. The decision further held that under the governing 

laws and regulations VA is required to notify a claimant (1) of the information and 

evidence not of record that is necessary to substantiate the claim, (2) which portion 

of that information and evidence VA will seek to obtain, (3) which portion of it the 

claimant must provide, and (4) that the claimant should submit any evidence in his or 

her possession that pertains to the claim.

Following Pelegrini, the Board attempted to avoid remands, when possible, by conducting 

an analysis to determine if any notice deficiency provided to the claimant was prejudicial. 

If prejudice was not found, most Board judges issued final decisions. If the deficiency was 

prejudicial, judges were required to remand the case to the RO to cure the defect.

--Waiver of AOJ Review: The 38.6% remand rate in Fiscal Year 2005 is expected to 

trend downward due, in part, to implementation of a regulatory amendment that 

allows the Board to request a waiver of AOJ review of new evidence. Before February 

22, 2002, if the Board accepted any evidence not previously considered by the AOJ, the 

Board was required to refer such evidence to the AOJ for review and preparation of a 

Supplemental Statement of the Case, unless the appellant or representative waived, in 

writing, initial AOJ consideration of the evidence, or the Board could fully grant the 

benefit(s) sought on appeal. 38 C.F.R. § 20.1304(c)(2001).

Effective February 22, 2002, amendments were made to the Board’s Appeals Regulations 

and Rules of Practice. These amendments allowed the Board to consider additional 

evidence without referring the evidence to the AOJ for initial consideration and without 

obtaining the appellant’s waiver. However, in Disabled American Veterans v. Secretary 

of Veterans Affairs, 327 F.3d 1339 (Fed. Cir. 2003), the United States Court of Appeals 

for the Federal Circuit invalidated that portion of the Board’s regulations that allowed 

the Board to consider additional evidence without remanding the case to the AOJ for 

initial consideration and without obtaining the appellant’s waiver.

REPORT OF THE CHAIRMAN FY 05

4
Following this decision, the Board amended its regulations to add a substantially 

similar version of the prior 38 C.F.R. § 20.1304(c). See 69 Fed. Reg. 53,807 (Sep. 3, 2004). 

By soliciting waivers in those cases where an appellant or representative submits 

evidence without a waiver, the Board may avoid unnecessary remands.

As a result of the above efforts, the Board’s remand rate decreased from 56.8% in Fiscal Year 2004 

to 38.6% for Fiscal Year 2005. We expect further improvement once the Board begins reaching 

cases on its docket that have been subject to VBA’s efforts to reduce avoidable remands.

2. Eliminate the Backlog

The Board will focus on eliminating the backlog, within existing resources, by concentrating on 

the following:

--Eliminating avoidable remands: The ongoing reduction in remands in Fiscal Year 

2005 and expected reduction in Fiscal Year 2006 will help reduce backlog growth. 

Fewer remands mean fewer appeals pending before the Board and, thus, a reduced 

backlog. At the end of Fiscal Year 2004, there were 31,645 Board remands pending at 

VBA. By the end of Fiscal Year 2005, that number had decreased to 25,656. Additional 

efforts to eliminate avoidable remands should reduce the number of Board remands 

in the field even further.

--Strengthening BVA’s intra-agency partnerships: Joint training efforts with VBA, 

the Office of the General Counsel (OGC), and VHA will improve case development, 

decision quality and reduce remands. In addition, the Board meets with representatives 

from VHA, VBA and OGC on a monthly basis to discuss areas of mutual concern.

--Writing clear, concise, coherent, and correct decisions: The Board is training 

VLJs and attorneys to write clear, concise, coherent, and correct decisions. In the long 

term, it is expected that this initiative will enable VLJs and attorneys to produce more 

and better Board decisions.

--Utilizing employee incentive, mentoring and training programs: A number of 

new programs have been introduced to increase employee motivation and satisfaction, as well as to increase productivity and decision quality.

--Making use of overtime: The Board will use overtime within existing resources to 

enhance output.

--Increasing our use of paralegals: The Board will use paralegals for non-decisional 

support activities to free up the legal staff to decide appeals. For example, in Fiscal 

Year 2006, the Board will transfer the responsibility of drafting a certified list of the 

relevant evidence considered by the Board in cases appealed to the CAVC from the 

staff counsel to paralegals. In Fiscal Year 2005, the Board provided 2,744 certified lists 

to VA’s OGC. By transferring this responsibility to paralegals, the number of draft decisions produced by counsel will increase in Fiscal Year 2006.

REPORT OF THE CHAIRMAN FY 05

5
--Providing improved on-line legal research tools and analytical frameworks:

To aid timely and correct decision production.

--VLJs will draft decisions: In addition to reviewing decisions drafted by staff 

counsel, as time permits.

These measures will work to reduce the backlog and to shorten the time it takes for a veteran to 

receive a fair, well-reasoned Board decision.

3. Improve Quality

The Board’s 89% accuracy rate in Fiscal Year 2005 trailed the 93% goal. The accuracy rate takes 

into account those substantive deficiencies that would be expected to result in a reversal or a 

remand by the CAVC. Deficiencies in quality that are identified during the Board’s quality 

review process are addressed through follow-up training for the VLJs and attorneys.

The 89% accuracy rate for Fiscal Year 2005 reflects the complexity involved in drafting more final 

decisions, which address the merits of a claim, as opposed to remands for further development. 

In Fiscal Year 2005, 61.4% of the Board’s decisions were final decisions as compared to 43.2% in 

Fiscal Year 2004. The Board expects the accuracy rate to improve in Fiscal Year 2006 by way of 

continued training.

4. Succession Planning

In Fiscal Year 2005, five new Veterans Law Judges were appointed to the Board, and four new 

Senior Counsel were selected through a competitive selection process. The new VLJs and Senior 

Counsel were selected from within the Board, and four of the new VLJs were promoted from 

the Senior Counsel ranks.

The Board’s business plan contemplates that Senior Counsel positions function as training grounds 

for future VLJs. Moreover, the creation, in Fiscal Year 2003, of two Senior Counsel positions on 

every team provides the necessary flexibility to maintain productivity despite short-term personnel 

shortages. Senior Counsel perform as Acting Veterans Law Judges, Team Leaders, and attorneys 

drafting decisions. In addition, Senior Counsel mentor and evaluate newly hired attorneys and 

supervise more experienced attorneys in need of special attention or assistance. The creation of 

the Senior Counsel positions has allowed the Board’s current leaders to train and mentor future 

leaders, and provided significant advancement opportunities for Board staff attorneys.

The Board also has a rigorous recruitment program and recruits some of the best and the 

brightest attorneys and administrative personnel available. The Board attracts high caliber 

personnel because it is an employer of choice, and the mission to serve veterans is one that is 

particularly attractive to those seeking a career in public service.

FISCAL YEAR 2005 HIGHLIGHTS

On May 5, 2005, the Acting Chairman, Ron Garvin, testified before the Subcommittee on Disability 

Assistance and Memorial Affairs, House Committee on Veterans Affairs, in an oversight hearing 

to review the operations at the Board and VBA’s Appeals Management Center.

REPORT OF THE CHAIRMAN FY 05

6
The Acting Chairman also testified at a hearing of the Senate Committee on Veterans’ Affairs 

on May 26, 2005. The issues centered on the current state of the VA claims adjudication and 

appeals process, specifically focusing on measures that VA is taking to provide timely and 

accurate decisions, challenges that VA faces in striving to meet that objective, and measures that 

could be undertaken to address those challenges.

ASSISTANCE TO VBA REGIONAL OFFICES

The Board continued to help the ROs reduce their backlog of cases on appeal through the Travel 

Board program. For most Travel Boards, an attorney travels with a Veterans Law Judge to an 

RO to assist in preparing for scheduled hearings. An average of more than 40 hearings are 

scheduled each week. By mid-week, the cases have been briefed, and the attorneys assist the 

RO for the remainder of the visit.

In Fiscal Year 2005, 119 attorneys provided assistance to 57 ROs. The attorneys assisted in 

the preparation of 73 Statements of the Case/Supplemental Statements of the Case, drafted 15 

memoranda recommending grants, and conducted training for adjudication personnel at 48 of 

the ROs visited. Additionally, the attorneys, on request, provided non-binding legal advice to 

adjudicators in 487 cases that were informally reviewed.

HEARING TRANSCRIPTS

During Fiscal Year 2005, the Board entered into contracts with four private transcription 

groups to provide transcripts of Board hearings. Together, the Board’s transcription unit 

and the contractors produced 8,290 transcripts, and the Board ended the fiscal year with 

fewer transcripts pending than its goal. The goal is a working inventory of 500 cases, which 

represents a one-month turnaround for transcription. In order to meet this goal in the future, 

the Board is exploring the use of alternative technologies, including voice recognition software, 

stenographers, and real-time transcription.

VETERANS SERVICE ORGANIZATION (VSO) FORUMS 

The Chairman invites the VSOs and attorneys who represent appellants before the Board to VSO 

Forums on a quarterly basis. These meetings address questions that are raised by representatives 

and also facilitate the exchange of ideas and information. The Board also updates the representatives 

on the Board’s activities and addresses any other matters of interest in the open forum.

VOLUNTEER ACTIVITIES

The Board serves veterans and their families in many ways. The Board’s volunteer activities 

include:

--Educational Exhibits: A Board attorney creates and maintains Veterans Educational 

Exhibit cases on five floors of the Lafayette Building.

--Collection of Comfort Items: The Board collects items, such as toiletries and phone 

cards, throughout the year and delivers them quarterly to the VA Medical Center and 

the U.S. Armed Forces Retirement Home.

REPORT OF THE CHAIRMAN FY 05

7
-- Items for Homeless Veterans: Additional comfort items such as socks, scarves and 

gloves are collected in conjunction with Veterans Day and delivered to the local VA 

Medical Center for distribution to homeless veterans.

--Posters: An attorney with the Board distributes U.S. Department of Defense and VA 

POW/MIA Day and Veterans Day posters to veterans, particularly to former POWs.

--Toys for Tots: During the holiday season, the Board collects Toys for Tots for the U.S. 

Marine Corps Reserve.

--Calendars: The Board collects and delivers almost 2,000 calendars on an annual basis 

to veterans at the U.S. Armed Forces Retirement Home in Washington, D.C.

--Valentines for Veterans: In 2005, the Board collected almost 7,000 valentines from 

many organizations and individuals around the country and distributed them to the 

residents of the U.S. Armed Forces Retirement Home in Washington, D.C.

--Hurricane Katrina: In September 2005, the Board initiated a special collection of 

comfort items for the veterans relocated to the U.S. Armed Forces Retirement Home 

in Washington, D.C., as a result of Hurricane Katrina.

PLANNING FOR THE FUTURE

--Women’s Leadership Initiative: The Women’s Leadership Initiative provides 

opportunities for all Board employees, as well as employees of other VA organizations, 

to improve their leadership skills through training, mentoring, and networking. 

Events during Fiscal Year 2005 included presentations by Senior Executive Service 

members, workshops on interviewing and networking, and a luncheon where several 

distinguished guests addressed the art of leadership.

--Facility Move: In Fiscal Year 2005, the Board met regularly with representatives from 

the General Services Administration, VA’s Office of Administration, and others to prepare 

for a facility move that was scheduled to take place in Fiscal Year 2007. The Board 

worked hard to ensure that the needs of the Board, our Veterans Service Organization 

partners, veterans and other appellants who visit the Board’s facilities would be met. 

The Board’s current location, the Lafayette Building at 811 Vermont Avenue, NW, was 

scheduled for a complete renovation starting in Fiscal Year 2007. Although recent 

information reveals that the building renovation and facility move will not take place 

as planned, the Board continues to work closely with VA’s Office of Administration to 

consider available options.

REPORT OF THE CHAIRMAN FY 05

8
VETERANS LAW JUDGES

Keith W. Allen Kathleen K. Gallagher Andrew J. Mullen

Marjorie A. Auer Mary Gallagher John E. Ormond

Kathy A. Banfield Gary L. Gick Alan S. Peevy

Barry F. Bohan Mark F. Halsey Renee M. Pelletier

Derek R. Brown Mark D. Hindin Ursula R. Powell

Anna M. Bryant Vicky L. Jordan Warren W. Rice

Vito A. Clementi Michelle L. Kane Harvey P. Roberts

Barbara B. Copeland Susan L. Kennedy Howard N. Schwartz

John J. Crowley Michael E. Kilcoyne George R. Senyk

Thomas J. Dannaher Michael D. Lyon Gordon H. Shufelt

Jonathan E. Day James L. March Deborah W. Singleton

Paula M. DiLorenzo Jeffrey J. Martin Charles W. Symanski

Shane A. Durkin Cheryl L. Mason Stephen L. Wilkins

Frank J. Flowers Joy A. McDonald Richard F. Williams

Jacqueline E. Monroe

James P. Terry, Chairman

Ron H. Garvin, Vice Chairman

Steven L. Keller, Senior Deputy Vice Chairman

Charles E. Hogeboom, Deputy Vice Chairman, Decision Team 1

Steven L. Cohn, Chief Member

Robert E. Sullivan, Chief Member

Joaquin Aguayo-Pereles, Deputy Vice Chairman, Decision Team 2

Mark W. Greenstreet, Chief Member

Constance B. Tobias, Chief Member

Nancy R. Robin, Deputy Vice Chairman, Decision Team 3

David C. Spickler, Chief Member

Lawrence M. Sullivan, Chief Member

Mary M. Sabulsky, Deputy Vice Chairman, Decision Team 4

Wayne M. Braeuer, Chief Member

Holly E. Moehlmann, Chief Member

Board Members

REPORT OF THE CHAIRMAN FY 05

9
The following information is required by 38 U.S.C. § 7101(d)(2):

38 U.S.C. § 7101(d)(2)(A)

Number of cases physically received at the Board during FY 2005: 41,816

Number of cases added to docket by filing appeal during FY 2005: 47,136

38 U.S.C. § 7101(d)(2)(B)

Cases pending before the Board at the start of FY 2005: 28,815*

Cases pending before the Board at the end of FY 2005: 37,539*

*Includes certified appeals pending in the field awaiting hearings, as well as cases pending at 

BVA.

38 U.S.C. § 7101(d)(2)(C)

Number of cases received at BVA and new appeals filed during each of the 36 months 

preceding Fiscal Year 2005.

 Cases Received at BVA New Appeals (VA Form 9) Filed

Month FY02 FY03 FY04 FY05 FY02 FY03 FY04 FY05

October 1,392 4,024 1,572 2,664 1,236 3,040 3,855 3,566

November 688 2,726 1,152 2,171 1,275 2,720 2,932 3,708

December 1,620 3,037 1,583 3,264 1,821 2,634 3,341 3,695

January 1,620 4,294 2,616 3,202 2,026 3,185 3,632 3,543

February 1,867 4,008 3,519 3,562 2,132 2,906 4,380 3,786

March 3,040 4,325 3,996 4,124 2,181 3,605 5,291 4,552

April 1,930 3,676 2,975 3,055 2,474 3,717 4,920 3,461

May 3,544 2,175 4,856 3,104 2,348 3,675 4,397 4,331

June 2,643 3,728 4,359 4,730 2,514 3,797 4,881 4,334

July 3,620 2,956 5,371 4,655 1,102 3,719 4,264 3,445

August 3,441 2,103 4,637 3,890 993 3,661 3,909 4,378

September 2,753 2,917 3,320 3,395 945 4,505 3,836 4,337

FY Total 28,158 39,969 39,956 41,816 21,047 41,164 49,638 47,136

REPORT OF THE CHAIRMAN FY 05

Part II

Statistical Data

Fiscal Year (Fy) 2005 Information

10
New Appeals (VA Form 9) Filed FY 02 - FY 05

REPORT OF THE CHAIRMAN FY 05

45000

30000

35000

40000

25000

20000

15000

10000

5000

0

50000

43,000

28,158

39,969 39,956

41,816

FY02 FY03 FY04 FY05 FY06 Estimate

47,136

49,638

41,164

21,047

47,500

50000

40000

30000

20000

10000

0

5000

15000

25000

35000

45000

FY02 FY03 FY04 FY05 FY06 Estimate

11

Cases Received At Bva FY 02 - FY 05
38 U.S.C. § 7101(d)(2)(D)

The average length of time a case was before the Board between the time of the filing of an 

appeal and the disposition during the preceding fiscal year:

38 U.S.C. § 7101(d)(2)(E)

The number of members of the Board at the end of FY 2005: 56 members

The number of professional, administrative, clerical, stenographic, and other personnel employed 

by the Board at the end of FY 2005: 374 employees not including 56 members above.

38 U.S.C. § 7101(d)(2)(F)

Number of acting members of the Board during FY 2005: 66

Number of cases in which such members participated: 3,486

38 U.S.C. § 7101(c)(2)

Number of acting members of the Board in terms of full-time employee equivalents: 5.3

Time Interval Responsible 

Party

Average Elapsed 

Processing Time

Notice of Disagreement 

Receipt to Statement of the Case Field Station 187 days

Statement of the Case Issuance to 

Substantive Appeal Receipt Appellant 47 days

Substantive Appeal Receipt to 

Certification of Appeal to BVA Field Station 590 days

Receipt of Certified Appeal to 

Issuance of BVA Decision BVA 160 days

Average Remand 

Time Factor Field Station 190 days

REPORT OF THE CHAIRMAN FY 05

12
The following information is required by 38 U.S.C. § 7101(d)(3):

38 U.S.C. § 7101(d)(3)(A)

Estimated number of cases that will be appealed to BVA:

38 U.S.C. § 7101(d)(3)(B)

Evaluation of the ability of the Board (based on existing and projected personnel levels) to 

ensure timely disposition of such appeals as required by 38 U.S.C. § 7101(a):

BACKGROUND ON BVA TIMELINESS PROJECTIONS

The indicator used by the BVA to forecast its future timeliness of service delivery is BVA 

“response time” on appeals. By taking into account the Board’s most recent appeals processing 

rate and the number of appeals that are currently pending before the Board, BVA response 

time projects the average time that will be required to render decisions on that group of 

pending appeals. For response time computation, the term “appeals pending before the 

Board” includes appeals at the Board and those that have been certified for BVA review but 

are held in the field pending BVA Travel Board or video conference hearings.

HISTORICAL METHODOLOGY

Historically, BVA computes response time by first determining the Board’s average daily 

appeals processing rate for the previous year. The number of appeals pending before the 

Board was then divided by the average daily appeals processing rate. BVA estimated response 

time for Fiscal Year 2006 under this methodology would be computed as follows:

Estimated 35,000 decisions in Fiscal Year 2006 divided by 365 days equals 95.89 

decisions per day.

44,456 Estimated Appeals Pending before the BVA (end of FY 2006) divided by 95.89 

Decisions per day equals 464 Days Response Time on Appeals (end of FY 2006).

Based upon existing and projected levels of resources, the estimate of BVA response 

time under this methodology would be 464 days for Fiscal Year 2006. This response 

Fiscal Year 2006:

Cases received at BVA: 43,000

Cases added to BVA Docket: 47,500

Fiscal Year 2007:

Cases received at BVA: 43,000

Cases added to BVA Docket: 48,000

REPORT OF THE CHAIRMAN FY 05

Projections For Fiscal Years 2006 And 2007

13
time projection is contingent upon BVA’s original appeal receipts estimates for Fiscal 

Year 2006 shown above.

NOTE: 464 days divided by 365 calendar days = 1.3 years or 15 months.

 or by 260 work days = 1.8 years or 21 months.

PROPOSED METHODOLOGY

In an effort to create more reliable projections of workload and personnel needs, BVA will:

Determine “Decisions per Work Day” by dividing FY 2005’s decisions (34,175) by 260 

work days, i.e., 131.44 Decisions per Work Day.

Calculate “Total Workload” by adding the number of cases still pending at the end of 

FY 2005 (37,539) to the number of new cases anticipated in FY 2006 (43,000), i.e., 80,539 

Total Workload.

Determine “Response Time in Months and Years” by dividing the Total Workload 

(80,539) by the Decisions per Work Day (131.44), i.e., 613 Work Days; then, dividing 

the work days (613) by 260 work days, i.e., 2.4 Years; then, multiplying the years (2.4) 

by 12 months, i.e., 29 months.

Between FY 2003 and FY 2006, BVA’s Total Workload increased by 37.4% (from 58,627 to 80,539) 

while Board Members/Counsel personnel levels grew by only 13.5% (from 258 to 293). Twentynine months more accurately reflect the veteran’s wait for BVA’s appeal disposition. Based on 

existing personnel levels and an increase in anticipated new cases in the next decade, Response 

Time will continue to lengthen and the Board’s backlog of cases will continue to grow.

REPORT OF THE CHAIRMAN FY 05

14
Number of New Notices of Disagreement Received in the Field

Month FY02 FY03 FY04 FY05

October 4,768 9,936 9,774 8,949

November 4,468 8,118 8,621 8,293

December 4,534 7,957 6,595 8,016

January 5,564 9,670 7,717 9,048

February 5,629 9,034 8,718 9,053

March 6,707 10,676 11,698 10,265

April 7,321 10,419 9,978 9,208

May 7,683 9,800 8,574 9,390

June 7,197 9,753 9,642 9,256

July 8,162 10,084 9,005 8,428

August 8,556 9,247 9,797 9,307

September 7,551 9,915 8,812 7,468

FY Total 78,140 114,609 108,931 106,681

POTENTIAL BVA WORKLOAD

The following graph shows the number of new notices of disagreement received by the regional 

offices. This information is retrieved directly from the information contained in the Veterans 

Appeals Control and Locator System (VACOLS) at the end of the fiscal year. Up to 38.9% of 

the cases over the past four years in which a notice of disagreement is filed are resolved at the 

regional offices and never become appeals.

REPORT OF THE CHAIRMAN FY 05

Additional Information

15
Potential BVA Workload in VBA

140000

120000

100000

80000

60000

40000

0

20000

106,681

78,140

114,609 108,931

118,000

FY02 FY03 FY04 FY05 FY06 Estimate

notices of disagreement received fy 02 - 05

REPORT OF THE CHAIRMAN FY 05

NODs Form 9s Remands

180000

160000

140000

120000

100000

80000

0

40000

60000

20000

Oct. 03Nov. 03Dec. 03Jan. 04Feb. 04Mar. 04Apr. 04May 04Jun. 04Jul. 04Aug. 04Sep. 04Oct. 04Nov. 04Dec. 04Jan. 05Feb. 05Mar. 05Apr. 05May 05Jun. 05Jul. 05Aug. 05Sep. 05

16
BVA DECISIONS

During Fiscal Year 2005, BVA issued 34,175 decisions. Although the total number of decisions 

was lower than Fiscal Year 2004, the number of substantive cases decided in Fiscal Year 2005 

was significantly higher. One reason for the higher output of decisions in Fiscal Year 2004 was 

the “Termination of Board Development” as reported in the Report of the Chairman Fiscal 

Year 2003. On May 1, 2003, the United States Court of Appeals for the Federal Circuit (Federal 

Circuit) issued Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed. Cir. 

2003). In this decision, the Federal Circuit held that the Board could not (except in certain 

statutorily authorized exceptions) decide appeals on those cases in which it had developed 

evidence. The impact of this decision on the Board was substantial. The Board ceased directing 

development and resumed issuing remand decisions in those cases where development had 

been completed. In June 2003, the Board began remanding the 9,000 appeals that were in some 

stage of development by the Board, but the benefit sought could not be fully granted. That 

remand process was completed during Fiscal Year 2004.

Board of Veterans’ Appeals

BVA Dispositions by VA Program

FY 2005

Allowed Remanded Denied Other Total

Appeal Program No. Percent No. Percent No. Percent No. Percent No. Percent

Burial Benefits 1 2.1% 11 23.4% 33 70.2% 2 4.3% 47 0.1%

Compensation 6,859 21.3% 12,475 38.7% 12,102 37.6% 771 2.4% 32,207 94.2%

Education 14 6.0% 75 32.3% 140 60.3% 3 1.3% 232 0.7%

Insurance 0 0.0% 7 38.9% 10 55.6% 1 5.6% 18 0.1%

Loan Guaranty 1 5.9% 6 35.3% 7 41.2% 3 17.6% 17 0.0%

Medical 44 15.2% 121 41.9% 109 37.7% 15 5.2% 289 0.8%

Pension 68 11.4% 169 28.4% 336 56.4% 23 3.9% 596 1.7%

VR & C 2 3.7% 17 31.5% 30 55.6% 5 9.3% 54 0.2%

Other Programs 6 18.2% 11 33.3% 16 48.5% 0 0.0% 33 0.1%

BVA Original

Jurisdiction 8 7.8% 3 2.9% 58 56.3% 34 33.0% 103 0.3%

Multiple 

Program Areas 93 16.1% 284 49.1% 191 33.0% 11 1.9% 579 1.7%

Grand Total 7,096 20.8% 13,179 38.6% 13,032 38.1% 868 2.5% 34,175 100.0%

REPORT OF THE CHAIRMAN FY 05

17
Board of Veterans’ Appeals

BVA Dispositions by Representation

FY 2005

Allowed Remanded Denied Other Total

Representation No. Percent No. Percent No. Percent No. Percent No. Percent

American Legion 1,336 21.8% 2,438 39.8% 2,207 36.1% 138 2.3% 6,119 17.9%

AMVETS 68 21.3% 114 35.7% 128 40.1% 9 2.8% 319 0.9%

American Red Cross 14 22.6% 22 35.5% 26 41.9% 0 0.0% 62 0.2%

Disabled American 

Veterans

2,457 22.0% 4,382 39.2% 4,046 36.2% 283 2.5% 11,168 32.7%

Military Order of 

the Purple Heart

102 22.7% 169 37.6% 174 38.8% 4 0.9% 449 1.3%

Paralyzed Veterans 

of America

85 24.1% 150 42.6% 99 28.1% 18 5.1% 352 1.0%

Veterans of Foreign 

Wars

618 20.6% 1,149 38.2% 1,134 37.7% 103 3.4% 3,004 8.8%

Vietnam Veterans 

of America

134 23.6% 261 45.9% 153 26.9% 21 3.7% 569 1.7%

State Service 

Organizations

1,038 19.7% 2,016 38.3% 2,093 39.8% 113 2.1% 5,260 15.4%

Attorneys 548 21.3% 1,036 40.3% 902 35.1% 84 3.3% 2,570 7.5%

Agents 9 18.4% 20 40.8% 19 38.8% 1 2.0% 49 0.1%

Other Representation 106 19.6% 212 39.2% 201 37.2% 22 4.1% 541 1.6%

No Representation 581 15.6% 1,210 32.6% 1,850 49.8% 72 1.9% 3,713 10.9%

Grand Total 7,096 20.8% 13,179 38.6% 13,032 38.1% 868 2.5% 34,175 100.0%

BVA Decisions

Fiscal Year Decisions Allowed Remanded Denied Other

2002 17,231 27.7% 19.3% 49.9% 3.1%

2003 31,397 22.1% 42.6% 32.6% 2.7%

2004 38,371 17.1% 56.8%* 24.2% 1.9%

2005 34,175 20.8% 38.6% 38.1% 2.5%

* The 56.8% remand rate for FY 2004 includes former Board development cases converted to remands.

REPORT OF THE CHAIRMAN FY 05

18
BVA Decisions FY 02 - FY 05

BVA Operating Statistics

FY02 FY03 FY04 FY05

Decisions 17,231 31,397 38,371 34,175

Case Receipts*

Added to Docket 21,047 41,164 49,638 47,136

Received at BVA 28,158 39,969 39,956 41,816

Cases Pending** 18,658 27,230 28,815 37,539

Hearings - VACO 470 650 805 738

Video 1,475 1,689 2,108 2,618

Field 2,556 3,707 4,346 5,220

Decision per FTE 38.4 69.9 87.8 79.1

BVA FTE 448 451 440 433

BVA Cycle Time 86 135 98 104

Cost per Case $2,702 $1,493 $1,302 $1,453

* Case Receipts composed of: (1) new cases added to BVA’s docket; and (2) cases received 

at BVA, which consist of all cases physically received at the Board, including original appeals 

and cases returned to the Board’s docket (i.e., cases returned following remand development, 

cases remanded by the Court, and cases received for reconsideration or vacate actions).

** Pending figures include certified appeals pending in the field awaiting BVA hearings, as 

well as cases pending at the Board.

45000

30000

35000

40000

25000

20000

15000

10000

5000

0

35,000

31,397

17,231

38,371

34,175

FY02 FY03 FY04 FY05 FY06 Estimate

REPORT OF THE CHAIRMAN FY 05

19

Department Of Veterans Affairs

Board Of Veterans’ Appeals

Fiscal YEar 2005