Board of Veterans’ Appeals

Fiscal Year 2004

Report of the Chairman
February 1, 2005

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 2004 Report of the Chairman, Board of 

Veterans’ Appeals, for inclusion in your submission to Congress. Information on the 

activities of the Board during fiscal year 2004 and the projected activities of the Board for 

fiscal year 2005, as required by 38 U.S.C. §7101(d)(1), are provided in Parts I and II.

Fiscal year 2004 saw the Board increase productivity, despite decreased resources. 

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

and succession planning.

Although veterans benefits law continued to change, the employees of the Board 

never lost sight of our goal 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 of fiscal 

year 2004. 

Very respectfully,

Ron Garvin

Acting Chairman

Enclosure

DEPARTMENT OF VETERANS AFFAIRS

Chairman, Board of Veterans’ Appeals

Washington DC 20420
Table of Contents

Introduction .............................................................................................. 1

Part I Activities of the Board of Veterans’ Appeals Fiscal Year 2004 ................. 2

Termination of Board Development ........................................................... 2

Veterans Claims Assistance Act .................................................................. 2

Elimination of Avoidable Remands ............................................................. 3

Assistance to VBA Regional Offices ............................................................ 3

Transcription Backlog ................................................................................ 3

Planning for the Future .............................................................................. 3

Board Members ......................................................................................... 5

Part II Statistical Data .............................................................................. 6

Projections for Fiscal Year 2005 and 2006 .................................................... 9

Additional Information .............................................................................. 10

i Report of the Chairman FY 2004
Introduction

The law requires that the Chairman of the Board of Veterans’ Appeals (BVA or Board) 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 2004. Part II provides statistical 

information related to our activities during fiscal year 2004 and projected activities for 2005.

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.

Board Members/Veterans Law Judges

 Report of the Chairman FY 2004 1
PART I

Activities of The Board of Veterans’ Appeals

Fiscal Year 2004

In Fiscal Year (FY) 2004, the Board issued 38,371 decisions, and conducted 7,259 hearings. In addition to 

meeting the goals of conducting hearings and issuing timely, quality decisions to the veterans we serve, the Board 

implemented its business plan and succession planning initiatives. During FY 2004, several new Veterans Law 

Judges, Senior Counsel, and top-level managers, including a new Director and Deputy Director of Management 

and Administration, were appointed through a competitive selection process. The Board focused on training 

the many new employees that were hired in FY 2004, including thirty-nine new attorneys. They represent 17% 

of the Board’s total attorney staff, and hopefully the future leaders of the Board.

Shortly after the close of FY 2004, the Board bade a fond farewell to the Honorable E. Dane Clark, Chairman 

of the Board of Veterans’ Appeals, following the completion of his six-year appointment. Chairman Clark’s 

leadership and commitment to the mission of the Board will be greatly missed.

Termination of Board Development 

In February 2002, the Board established the Evidence Development Unit (EDU). The EDU developed evidence 

necessary for a final decision or correction of a procedural error. This reduced the number of Board remands 

to the VA Regional Offices (ROs), which are part of the Veterans Benefits Administration (VBA), from a 

historic average of approximately 45% to less than 15% within a matter of months. On May 1, 2003, however, 

the United States Court of Appeals for the Federal Circuit held that the Board could not (except in certain 

statutorily authorized exceptions) decide appeals in those cases in which it had developed evidence. The Board 

ceased directing development and resumed issuing remand decisions in those cases that required additional 

development prior to appellate review. The Board also began remanding the 9,000 appeals that were in some 

stage of development by the Board, and which could not be fully granted. That process was completed during 

the first quarter of FY 2004.

Veterans Claims Assistance Act

The Veterans Claims Assistance Act of 2000 (VCAA), among other things, heightens VA’s duty to assist and 

duty to notify claimants of the type of evidence needed to substantiate their claim. Compliance with the VCAA 

and its implementing regulations, as well as the precedential court decisions interpreting this law, has had a 

significant effect on claims processing throughout VA. At the Board, the impact was monumental. A large 

number of cases were remanded to the Board from the United States Court of Appeals for Veterans Claims 

and also from the Board to the ROs. In FY 2004, the Board’s remand rate was 56.8%, which meant that many 

appellants did not receive a final decision until years after an initial claim for benefits was filed.

On June 24, 2004, the United States Court of Appeals for Veterans Claims issued a decision in the case of 

Pelegrini v. Principi. The decision held that a VCAA notice letter must be provided to a claimant prior to an 

initial adverse adjudication and that VA’s regulations required VA to notify a claimant (1) of the information 

and evidence not of record that is necessary to substantiate the claim, (2) which of that information and evidence VA will seek to obtain, and (3) which of it the claimant must provide, and (4) to provide any evidence 

in the claimant’s possession that pertains to the claim. Following this decision, the Board attempted to avoid 

2 Report of the Chairman FY 2004
remands, when possible, by conducting an analysis to determine if a deficiency in the notice provided to the 

claimant was prejudicial. If prejudice was not found, many Board judges issued final decisions, however, if the 

deficiency was prejudicial, the judges were required to remand the case to the RO to cure the defect in notice. 

Elimination of Avoidable Remands 

Beginning in late FY 2004, in an effort to lower the remand rate, the Board and VBA began developing an action 

plan to reduce the number of avoidable remands from the Board to the ROs. We 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 reasons for remand. The initiative encompasses 

training both RO personnel and the Veterans Law Judges and staff attorneys on topics such as Social Security 

Administration records, VCAA notice requirements, and medical examinations and opinions. In addition, the 

Board is committed to providing a concise explanation of the reasons for remanding an appeal in individual 

decisions in order to reduce ambiguity and 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 avoid future 

remands because of the same deficiency.

Assistance to VBA Regional Offices

The Board continued its efforts to help 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 assist him or her in reviewing the 

claims files prior to the hearings on the appeals. An average of more than 40 hearings are scheduled each week 

with hearings beginning on the first day of the week. By mid-week, the cases scheduled for hearings have been 

briefed, and the attorneys assist the RO for the remainder of the visit.

In FY 2004, 99 attorneys provided assistance to 50 ROs. The attorneys prepared 153 Statements of the Case/Supplemental Statements of the Case (SOCs/SSOCs), drafted 35 development memoranda, drafted 13 memoranda recommending grants and conducted training for adjudication personnel at 40 of the 50 ROs visited. Additionally, the 

attorneys, on request, provided non-binding legal advice to adjudicators in 176 cases that were informally reviewed.

Transcription Backlog

The Board conducted a record-setting 7,259 hearings in FY 2004. Due to the increased workload, the Board’s 

transcription unit developed a backlog of 2,700 cases awaiting transcription by January 2004. Factors that contributed 

to the backlog were the increased number of hearings held, the number of transcriptionists lost to retirement, and use 

of transcriptionists to answer telephone inquiries at the Veterans Information Office. To help alleviate the backlog, 

the Board entered into contracts with three private transcription groups. With the assistance of the contractors and 

the use of overtime at the Board’s transcription unit, the backlog of hearing transcripts stood at less than 500 cases 

by the end of FY 2004. The Board’s goal is to maintain a working inventory of 500 cases, which represents a onemonth turnaround for transcription. In order to meet that goal in the future, the Board is exploring the use of voice 

recognition software, stenographers, and evolving technologies such as real-time transcription. 

Planning for the future

Veterans Law Judges and Senior Counsel -- During FY 2004, five new Veterans Law Judges were appointed to the 

Board, and five Senior Counsel were selected through a competitive selection process. With the exception of one 

 Report of the Chairman FY 2004 3
Veterans Law Judge, all of the new Judges and Senior Counsel were selected from within the Board, and 

three of the new judges were promoted from within the Senior Counsel ranks. The business plan contemplates that the Senior Counsel positions function as training grounds for future Veterans Law Judges. The 

creation, in FY 2003, of two Senior Counsel positions on every team – who perform as Acting Veterans Law 

Judges, Team Leaders, and attorneys as needed – provides the necessary flexibility to get the work done 

despite short-term personnel shortages. Moreover, Senior Counsel mentor and evaluate newly hired attorneys and more experienced attorneys in need of special attention and assistance. The creation of the Senior 

Counsel position has allowed the Board’s current leaders to train and mentor future leaders, and has provided 

significant advancement opportunities for the 250 staff attorneys at the Board.

The Board reached a business plan strength of 56 Veterans Law Judges; however, increasing workloads will 

require additional resources in the future to avoid backlogs and prevent delays in appellate processing. 

Management and Administration -- The Board welcomed a new Director and Deputy Director, who were 

selected, following a rigorous screening and interview process, from among several well-qualified candidates. 

They brought immediate improvement to the Board’s Management and Administration areas through strong 

leadership and organizational skills.

Women’s Leadership Initiative -- An important FY 2004 milestone was the creation of the Women’s 

Leadership Initiative. This 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 included presentations by Senior Executive Service members, networking workshops, a quarterly 

newsletter, and a luncheon that included several distinguished guests that addressed the art of leadership.

Training -- The Board executed a number of training initiatives with VA partners during FY 2004. In September 

2004, the Board hosted an adjudication academy evolution at VBA’s training facility in Baltimore, Maryland. Thirtyeight attorneys and six paralegals from the Board, as well as one attorney from the Office of the General Counsel, 

attended the program. The agenda included tours of the Baltimore RO and the VA Medical Center, presentations 

by The American Legion, staff from the Baltimore RO, VBA’s Compensation and Pension Service, the Appeals 

Management Center, the Office of the General Counsel, and the United States Armed Services Center for Unit 

Records Research. The Board also assisted with several nationwide satellite broadcasts that included personnel 

from VBA, the Veterans Health Administration, and the Office of the General Counsel. In addition, the Board 

worked with the Steering Committee for VA Learning University to develop and implement the Department’s 

Education and Training Plan.

Facility Move -- The Board began planning for a facility move which is scheduled to take place in FY 2007. The 

Board is meeting on a regular basis with representatives from the General Services Administration, VA’s Office of 

Administration, and others to ensure that the needs of the Board, our Veterans Service Organization partners, veterans 

and other appellants who visit our facilities will be met. The Board’s current location, the Lafayette Building at 811 

Vermont Avenue, NW, is scheduled for a complete renovation starting in FY 2007. The Board, however, is not slated 

to move back to the Lafayette Building.

Voice Recognition Software Program -- In an effort to increase efficiency, the Board selected a trial group of 

attorneys to participate in a pilot voice recognition software program. Training for the voice recognition software 

pilot took place in late 2003, and the attorneys began using the software to draft decisions. The feedback thus far 

has been favorable, however, the Board has not been able to quantify whether the pilot program resulted in increased 

efficiency.

4 Report of the Chairman FY 2004
BOARD MEMBERS

Eligah Dane Clark, Chairman (term expired October 21, 2004)

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

VETERANS LAW JUDGES

Keith W. Allen Mary Gallagher Alan S. Peevy

Marjorie A. Auer Gary Gick Renee M. Pelletier

Kathy A. Banfield Mark F. Halsey Ursula R. Powell

Barry F. Bohan Mark D. Hindin Robert P. Regan

Ronald R. Bosch Vicky L. Jordan Warren W. Rice

Derek R. Brown Susan L. Kennedy Craig P. Russell

Anna M. Bryant Michael E. Kilcoyne Howard N. Schwartz

Bettina S. Callaway Michael D. Lyon George R. Senyk

Barbara B. Copeland James L. March Gordon H. Shufelt

Jeanne M. Daley Jeffrey J. Martin Deborah W. Singleton

Thomas J. Dannaher Cheryl L. Mason Charles W. Symanski

Jonathan E. Day Joy A. McDonald Leo W. Tobin

Paula M. Dilorenzo Jacqueline Monroe Stephen L. Wilkins

Shane A. Durkin Andrew J. Mullen Richard F. Williams

Frank J. Flowers John E. Ormond

 Report of the Chairman FY 2004 5
PART II

Statistical Data

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 2004: 39,956

Number of cases added to docket by filing appeal during 2004: 49,638

38 U.S.C. §7101 (d)(2)(B)

Cases pending before the Board at the start of fiscal year 2004: 27,230*

Cases pending before the Board at the end of fiscal year 2004: 28,815*

*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 that were filed during each of the 36 months preceding fiscal year 2004:

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

Month FY01 FY02 FY03 FY04 FY01 FY02 FY03 FY04

October 2,622 1,392 4,024 1,572 2,287 1,236 3,040 3,855

November 1,629 688 2,726 1,152 2,095 1,275 2,720 2,932

December 1,570 1,620 3,037 1,583 1,635 1,821 2,634 3,341

January 1,780 1,620 4,294 2,616 1,727 2,026 3,185 3,632

February 1,396 1,867 4,008 3,519 1,481 2,132 2,906 4,380

March 1,155 3,040 4,325 3,996 1,486 2,181 3,605 5,291

April 1,315 1,930 3,676 2,975 1,264 2,474 3,717 4,920

May 1,827 3,544 2,175 4,856 1,328 2,348 3,675 4,397

June 971 2,643 3,728 4,359 1,167 2,514 3,797 4,881

July 1,737 3,620 2,956 5,371 1,168 1,102 3,719 4,264

August 1,669 3,441 2,103 4,637 1,139 993 3,661 3,909

September 1,096 2,753 2,917 3,320 943 945 4,505 3,836

FY Total 18,767 28,158 39,969 39,956 17,720 21,047 41,164 49,638

6 Report of the Chairman FY 2004
45000

30000

35000

40000

25000

20000

15000

10000

5000

0

18,767

39,969

28,158

39,956 41,000

FY01 FY02 FY03 FY04 FY05 Estimate

Cases Received at BVA FY 01 - FY 04

New Appeals (VA Form 9) Filed FY 00 - FY 04

41,164

FY00 FY01 FY02 FY03 FY04 FY05 Estimate

49,638

44,000

21,047

17,720

32.555

60000

50000

40000

30000

20000

10000

0

 Report of the Chairman FY 2004 7
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 2004: 56 members

The Number of Professional, Administrative, Clerical, Stenographic, and Other Personnel employed by the 

Board at the end of FY 2004: 392 employees not including 56 members above

38 U.S.C. §7101 (d)(2)(F)

Number of acting members of the Board during FY 2004: 43

Number of cases in which such members participated: 2,282

38 U.S.C. §7101 (c)(2)(F)

Number of acting members of the Board in terms of full-time employee equivalents: 3.9

Time Interval Responsible 

Party

Average Elapsed 

Processing Time

Notice of Disagreement 

Receipt to Statement of the Case Field Station 165 days

Statement of the Case 

Issuance to Substantive 

Appeal Receipt

Appellant 48 days

Substantive Appeal Receipt 

To Certification of Appeal to BVA Field Station 521 days

Receipt of Certified Appeal 

To Issuance of BVA Decision BVA 203 days

Average Remand 

Time Factor Field Station 74 days

8 Report of the Chairman FY 2004
Projections for Fiscal Year 

2005 and 2006

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:

 Fiscal Year 2005: Cases received at BVA: 41,000

 Cases added to BVA Docket: 44,000

 Fiscal Year 2006: Cases received at BVA: 41,000

 Cases added to BVA Docket: 44,000

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.

BVA response time is computed by first determining the Board’s average daily appeals processing rate for 

the previous year. The number of appeals pending before the Board is then divided by the average daily appeals processing rate. BVA estimated response time for fiscal year 2005 is computed as follows:

Estimated 33,136 decisions in fiscal year 2005 divided by 365 days equals 90.78 decisions per day.

36,679 Appeals Pending before the BVA (end of FY 2005) divided by 90.78 Decisions per Day equals 404 

Days Response Time on Appeals (end of FY 2005).

BVA Response Time Projections

Based upon existing and projected levels of resources, the estimate of BVA response time is 404 days for 

fiscal year 2005. This response time projection is contingent upon BVA’s original appeal receipts estimates 

for fiscal year 2005 shown above.

 Report of the Chairman FY 2004 9
Additional Information

Potential BVA Workload

The following chart and graphs show 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 50 percent of the cases in which a notice 

of disagreement is filed are resolved at the regional offices and never reach the Board.

Number of New Notices of Disagreement Received in the Field

Month FY01 FY02 FY03 FY04

October 5,119 4,768 9,936 9,774

November 4,066 4,468 8,118 8,621

December 3,225 4,534 7,957 6,595

January 3,747 5,564 9,670 7,717

February 3,270 5,629 9,034 8,718

March 3,490 6,707 10,676 11,698

April 3,159 7,321 10,419 9,978

May 3,526 7,683 9,800 8,574

June 3,542 7,197 9,753 9,642

July 3,507 8,162 10,084 9,005

August 4,021 8,556 9,247 9,797

September 3,168 7,551 9,915 8,812

FY Total 43,840 78,140 114,609 108,931

10 Report of the Chairman FY 2004
BVA Decisions

During fiscal year 2004, BVA issued 38,371 decisions. This total represents a 22.2 percent increase from fiscal 

year 2003 when we issued 31,397 decisions. This increase is primarily the result of an increase in the number of 

appeals received from VBA and an increase in decision team productivity. The following charts are provided to 

give additional information about the Board’s decisions.

114,609

108,931

118,000

78,140

43,840

60,042

FY00 FY01 FY02 FY03 FY04 FY05 Estimate

140000

120000

100000

80000

60000

40000

0

20000

Notices of Disagreement Received FY 00 - FY 04

Potential BVA Workload in VBA

180000

160000

140000

120000

100000

80000

0

40000

60000

20000

Oct. 02Nov. 02Dec. 02Jan. 03Feb. 03Mar. 03Apr. 03May 03Jun. 03Jul. 03Aug. 03Sep. 03Oct. 03Nov. 03Dec. 03Jan. 04Feb. 04Mar. 04Apr. 04May 04Jun. 04Jul. 04Aug. 04Sep. 04

Remands

Form 9s

NODs

 Report of the Chairman FY 2004 11
Board of Veterans’ Appeals

BVA Dispositions by VA Program

FY 2004

Allowed Remanded Denied Other Total

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

Burial Benefits 4 6.9% 23 39.7% 31 53.4% 0 0.0% 58 0.2%

Compensation 6,323 17.6% 20,679 57.6% 8,288 23.1% 637 1.8% 35,927 93.6%

Education 23 7.5% 120 39.2% 160 52.3% 3 1.0% 306 0.8%

Insurance 0 0.0% 11 44.0% 14 56.0% 0 0.0% 25 0.1%

Loan Guaranty 2 7.4% 10 37.0% 14 51.9% 1 3.7 27 0.1%

Medical 11 4.7% 145 61.4% 75 31.8 5 2.1% 236 0.6%

Pension 91 10.8% 335 39.9% 392 46.7% 22 2.6% 840 2.2%

VR & C 1 1.5% 41 63.1% 22 33.8% 1 1.5% 65 0.2%

Other Programs 3 12.0% 12 48.0% 10 40.0% 0 0.0% 25 0.1%

BVA Original

Jurisdiction 11 7.4% 2 1.4% 97 65.5% 38 25.7% 148 0.4%

Multiple 

Program Areas 91 12.7% 419 58.7% 197 27.6% 7 1.0% 714 1.9%

Grand Total 6,560 17.1% 21,797 56.8% 9,300 24.2% 714 1.9% 38,371 100.0%

Board of Veterans’ Appeals

BVA Dispositions by Representation

FY 2004

Allowed Remanded Denied Other Total

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

American Legion 1,389 17.3% 4609 57.4% 1,917 23.9% 119 1.5% 8,034 20.9%

AMVETS 87 25.1% 184 53.2% 68 19.7% 7 2.0% 346 0.9%

American Red Cross 20 22.5% 43 48.3% 25 28.1% 1 1.1% 89 0.2%

Disabled American Veterans 2,215 19.4% 6745 59.1% 2,267 19.9% 184 1.6% 11,411 29.7%

Military Order of the 

Purple Heart

83 18.7% 266 60.0% 83 18.7% 11 2.5% 443 1.2%

Paralyzed Veterans of 

America

91 19.8% 265 57.7% 79 17.2% 24 5.2% 459 1.2%

Veterans of Foreign Wars 516 15.7% 1599 48.7% 1083 33.0% 85 2.6% 3,283 8.6%

Vietnam Veterans of 

America

68 19.2% 241 67.9% 28 7.9% 18 5.1% 355 0.9%

State Service Organizations 903 16.8% 3031 56.4% 1,354 25.2% 82 1.5% 5,370 14.0%

Attorneys 546 16.6% 2107 64.1% 552 16.8% 84 2.6% 3,289 8.6%

Agents 12 20.0% 31 51.7% 16 26.7% 1 1.7% 60 0.2%

Other Representation 103 16.8% 361 58.9% 135 22.0% 14 2.3% 613 1.6%

No Representation 527 11.4% 2315 50.1% 1693 36.7% 84 1.8% 4,619 12.0%

Grand Total 6,560 17.1% 21,797 56.8% 9,300 24.2% 714 1.9% 38,371 100.0%

12 Report of the Chairman FY 2004
BVA Decisions

Fiscal Year Decisions Allowed Remanded Denied Other

2000 34,028 26.3% 29.9% 41.4% 2.4%

2001 31,557 22.3% 48.8% 27.0% 1.9%

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%

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

45000

30000

35000

40000

25000

20000

15000

10000

5000

0

31,557 31,397

17,231

38,371

33,136

FY01 FY02 FY03 FY04 FY05 Estimate

BVA Decisions FY 01 - FY 04

 Report of the Chairman FY 2004 13
BVA Operating Statistics

FY01 FY02 FY03 FY04

Decisions 31,557 17,231 31,397 38,371

Case Receipts*

Added to Docket 17,720 21,047 41,164 49,638

Received at BVA 18,767 28,158 39,969 39,956

Cases Pending** 7,731 18,658 27,230 28,815

Hearings - VACO 916 470 650 805

Video 1,308 1,475 1,689 2,108

Field 3,336 2,556 3,707 4,346

Decision per FTE 69.3 38.4 69.9 87.8

BVA FTE 455 448 451 440

BVA Cycle Time N/A 86 135 98

Cost per Case $1,401 $2,702 $1,493 $1,302

* 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 consideration or vacate actions).

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

well as cases pending at the Board.

14 Report of the Chairman FY 2004
Department of Veterans Affairs

Board of Veterans Appeals

Fiscal Year 2004