The Program has provided its own supporting statement for its budget request. As the Court's budget statement illustrates, in a chart the Clerk has compiled, after a drop in the number of appeals in FY 1994, the numbers have continued to climb, and the upward trend is continuing. The number of new cases filed in the Court had leveled off at slightly more than 1200 per year by FY 1995. The Court anticipates a corresponding proportional increase. The denials in such cases are also appealable to the Court.
Unrepresented appeals continue to pose a challenge.
That rate is not surprising because nearly half of the claimants who were denied all benefits by the BVA were unrepresented there, or were represented by organizations which do not provide representation before the Court. In addition, by law, attorney fees may not be charged for representation until the BVA has rendered a final decision on a claim. This is one FTE position above the FY 1998 authorized level of 79 FTEs. I commented that further reductions in staff might need to be re-evaluated based on the likelihood of an increased caseload and a percentage of pro se appellants that continues to be relatively high. The upward trend appears likely to continue.