STATEMENT OF JAMES P. TERRY
CHAIRMAN, BOARD OF VETERANS' APPEALS
COMMITTEE ON VETERANS' AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
December 7, 2005
Good morning, Mr. Chairman. Thank you for the opportunity to discuss the operations of the Board of Veterans' Appeals (Board) with you, the members of the Committee, and your staff.
When the Board last presented testimony before the Subcommittee on Disability Assistance and Memorial Affairs on May 5th of this year, we contrasted our performance with that of past years, notably when we appeared before the Committee in February 1994 and June 1998. This comparison continues to be instructive in demonstrating where we are heading and how we will meet the challenges that the future will bring.
In Fiscal Year (FY) 1994, the Board issued about 22,000 decisions. Our pending caseload stood at 47,000, and was on its way to 60,000. Our measure of timeliness then used—average response time—was 781 days.
By FY 1998, we had significantly improved our timeliness and productivity. With 483 full-time employeees (FTE), we issued 38,886 decisions, and held 4,875 hearings. Appeals resolution time—the time from the date a veteran files a Notice of Disagreement until he or she receives a final decision on appeal—was 686 days.
In FY 2005, the Board issued 34,175 decisions and conducted 8,576 hearings, a substantial increase from 1998. Appeals resolution time stood at 622 days. Our cycle time—the time that it actually takes the Board to issue a decision (excluding the time the case is with the service organization representative)—was 104 days. Significantly, we accomplished these results with 434 authorized FTE, or 49 fewer FTE than we had in 1998. Despite our efforts, we continue to receive more appeals than we are deciding. Case receipts for FY 2005 were 41,816, and the number pending at the end of FY 2005 stood at 37,539. Our most significant challenge for the future is how to eliminate the growing backlog with available resources.
We are fortunate to have received much help in achieving our successes and in meeting future challenges. I would like to thank:
Two of the most significant and persistent challenges we face are:
In regard to remands, we know that:
If nothing had been done, our backlog was projected to grow to unacceptable levels. The Board’s backlog disposition time—the projected time it would take the Board, working at its current rate and devoting all its resources to eliminate the backlog—would increase from 284 days in FY 2005, to 361 days in FY 2006, and to 603 days in 2008.
Although we have made many improvements, we have a way to go. Within existing resources, through incentives and sound management, we will continue to improve by:
We believe these measures will work to reduce the backlog and shorten the time it takes for a veteran to receive a fair, well-reasoned Board decision. We have reduced the time it takes for an appeal to be finally resolved from 686 days in FY 1998, to 622 days in FY 2005. While this reduction is important, it is even more significant in light of the fact that 71.4% of the decisions issued in FY 2005 were final decisions, as compared to 58.7% of decisions in FY 1998. While our decision quality was at 89% in FY 2005 this reflects the complexity involved in drafting more final decisions, addressing the merits of a claim, as opposed to remands for more development. Notably, the Board’s own timeliness -- our cycle time --stands at a little over three months.
I wish to assure you that that we will continue working together with our partners in and outside the Department to develop new and creative solutions to the challenges we face in order to fulfill our statutory mission to hold hearings and provide timely, high quality decisions to our Nation’s veterans and their families.
I would be pleased to answer any questions you or your colleagues might have.
U.S. Department of Veterans Affairs - 810 Vermont Avenue, NW - Washington, DC 20420
Reviewed/Updated Date: November 10, 2009