Blumenthal Applauds Veterans' Affairs Committee Passage of Measure to Modernize VA Appeals Process

[WASHINGTON, DC] – U.S. Senator Richard Blumenthal (D-CT) applauded the Senate Committee on Veterans’ Affairs Committee’s passage of the Veterans Appeals Improvement and Modernization Act. The bipartisan legislation, introduced by Blumenthal and U.S. Senator Johnny Isakson, Chairman of the Committee, seeks to overhaul the current process for veterans’ appeals at the Department of Veterans Affairs (VA). U.S. Representative Elizabeth Esty (D-CT) has led the companion measure in the House of Representatives.

“The current appeals process for veterans’ benefits is a quagmire that fails veterans and their families. Without reform, thousands of our nation’s veterans will continue to languish for years without receiving a fair and just consideration of their appeal, and denied access to the benefits they need and deserve,” Blumenthal said. “With this kind of bipartisan consensus, I am hopeful that we can send an appeals reform bill to the President’s desk this year.”

“It is critical that we address the unacceptable delays that veterans and their families face during the VA’s disability claims appeal process,” said Isakson. “We worked with the VA and veterans groups to put forth this bipartisan legislation that overhauls the current appeals process and puts in place a new system that allows veterans to choose the option that is right for them. I am pleased that my colleagues in the committee have made appeals modernization at the VA a priority. I hope the Senate will quickly take up and pass this critical legislation to help ensure veterans are served in a timely and efficient manner.”

The measure, which passed the Committee by voice vote, would create three separate paths for veterans to choose from when seeking redress from a decision by the Veterans Benefits Administration on their claims for VA benefits.

The VA’s current appeals process is in desperate need of updating, and nearly half a million veterans are in limbo because of the VA’s existing backlog. Between fiscal year 2015 and fiscal year 2017, the number of pending appeals increased from approximately 380,000 to 470,000 – a more than 20 percent increase.

The Veterans Appeals Improvement and Modernization Act allows certain veterans already going through the appeals process to opt in to the new system and gives the VA secretary the authority to test facets of the new system prior to full implementation. The bill also requires the VA to provide a comprehensive plan for both implementing the new system and processing the existing appeals.

Under the new process, veterans dissatisfied with the initial decisions on their claims will be able to:

• Seek a higher-level review by a regional office on the same evidence presented to the original claims processors;
• File a supplemental claim with a regional office that would include the opportunity to submit additional evidence; or
• Appeal directly to the Board of Veterans’ Appeals, resulting in a possible hearing and/or the opportunity to submit additional evidence.

A one-page summary of the legislation can be found here.

The Veterans Appeals Improvement and Modernization Act was introduced by Isakson and Blumenthal and is also co-sponsored by U.S. Senators Tammy Baldwin (D-WI), Shelley Moore Capito (R-W), Thad Cochran (R-MI), Susan Collins (R-ME), Mike Crapo (R-ID), Steve Daines, (R-MT), Dick Durbin (D-IL), Maggie Hassan (D-NH), Orrin Hatch (R-UT), Dean Heller (R-NV), Mazie Hirono (D-HI), Tim Kaine (D-VA), Angus King (I-ME), Joe Manchin (D-WV), Jon Tester, (D-MT), John Thune (R-SD), Tom Udall (D-NM), and Mark Warner (D-VA).

Following today’s Committee passage, the bill heads to the full Senate for a vote.

Similar legislation was introduced in the U.S. House of Representatives by U.S. Representative Mike Bost (R-IL) and Esty, chairman and ranking member of the Subcommittee on Disability Assistance and Memorial Affairs. Congressmen Phil Roe (R-TN), and Tim Walz (D-MN), chairman and ranking member of the House Committee on Veterans’ Affairs, are original co-sponsors of the House bill.