| Veterans Law Library |
A Comprehensive Collection of
Materials Relating to the Veterans
Benefits Adjudication Process
Materials Relating to the Veterans
Benefits Adjudication Process
A Brief Overview of Veterans Law
What Does Veterans Law Cover?
How are Veterans Benefits Claims Adjudicated?
Veterans law covers those veterans benefits that are administered by the
Department of Veterans Affairs (VA) through its adjudication process. This
includes disability compensation and pensions, educational benefits, home loans, and
medical benefits. The largest component of the system's workload by far involves
claims for disability compensation. The essence of a compensation claim is that the
veteran has a current disability or has died as a result of an injury or disease that
occurred during service. In some cases, the connection -- frequently called the
"nexus" -- is presumed based upon statutory provisions, although in other cases
medical evidence is necessary to prove the relationship between the in-service event
and the current condition.
The two defining characteristics of the VA adjudication process are: (1) claimants
may not pay an attorney to assist them at the beginning of the claims process
(although many attorneys and legal service organizations provide assistance for
free), and (2) VA has numerous notification and assistance duties with which it
must comply to help claimants develop their claims before VA makes a decision on
the claimant's application.
Veterans have other special rights and privileges, such as government employment
preferences. However, claims under those laws are not filed with VA.
Department of Veterans Affairs (VA) through its adjudication process. This
includes disability compensation and pensions, educational benefits, home loans, and
medical benefits. The largest component of the system's workload by far involves
claims for disability compensation. The essence of a compensation claim is that the
veteran has a current disability or has died as a result of an injury or disease that
occurred during service. In some cases, the connection -- frequently called the
"nexus" -- is presumed based upon statutory provisions, although in other cases
medical evidence is necessary to prove the relationship between the in-service event
and the current condition.
The two defining characteristics of the VA adjudication process are: (1) claimants
may not pay an attorney to assist them at the beginning of the claims process
(although many attorneys and legal service organizations provide assistance for
free), and (2) VA has numerous notification and assistance duties with which it
must comply to help claimants develop their claims before VA makes a decision on
the claimant's application.
Veterans have other special rights and privileges, such as government employment
preferences. However, claims under those laws are not filed with VA.
The veterans benefits process involves five levels of review described in further
detail in Overview of the Appeal Process for Veterans’ Claims by the Congressional
Research Service [download .pdf]:
For a more detailed discussion of the practical realities that drive the system and a
look at some statistics on its workloads, see Why So Many Remands?: A
Comparative Analysis of Appellate Review by the United States Court of Appeals for
Veterans Claims, 1 Veterans L. Rev. 113 (2009) [available here].
detail in Overview of the Appeal Process for Veterans’ Claims by the Congressional
Research Service [download .pdf]:
- 1) Claims are initially developed and decided by non-attorney adjudicators at
one of 57 VA regional offices (RO).
2) A claim denied by an RO may be appealed to the Board of Veterans'
Appeals (BVA) in Washington, DC, where it will be decided de novo by a
Board member, sometimes called a Veterans Law Judge. Both the ROs and
the BVA are part of VA.
3) A claim denied by the BVA may be appealed to the U.S. Court of
Appeals for Veterans Claims (CAVC). The CAVC is an Article I court
independent of VA. It reviews Board decisions for error with deference to
the Board's fact finding. No new evidence may be considered by the CAVC.
4) The party that loses at the CAVC (either the claimant or the Secretary)
may appeal to the U.S. Court of Appeals for the Federal Circuit (Federal
Circuit). However, the jurisdiction of the Federal Circuit is limited to
questions of law. It may not review factual determinations or the application
of law to facts.
5) Finally, the party that loses at the Federal Circuit may seek review by the
U.S. Supreme Court. However, statistically, it is extremely unlikely that the
Supreme Court will grant review.
For a more detailed discussion of the practical realities that drive the system and a
look at some statistics on its workloads, see Why So Many Remands?: A
Comparative Analysis of Appellate Review by the United States Court of Appeals for
Veterans Claims, 1 Veterans L. Rev. 113 (2009) [available here].
“The willingness
with which our
young people are
likely to serve in
any war, no matter
how justified, shall
be directly
proportional as to
how they perceive
veterans of earlier
wars were treated
and appreciated by
this country.”
George Washington
with which our
young people are
likely to serve in
any war, no matter
how justified, shall
be directly
proportional as to
how they perceive
veterans of earlier
wars were treated
and appreciated by
this country.”
George Washington
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |