Appeals Reform: An Adjudicator’s Role in Processing Appeals Under the New System

CCK Law: Our Vital Role in Veterans Law

How Did Adjudicators Process Appeals in the Legacy Appeals System?

In the Legacy appeals system, adjudicators had to address several tasks at different stages when processing appeals. Generally speaking, the adjudication process was broken down into three stages:

1. Review—In this initial stage, the adjudicators would review the veteran’s claims file. Specifically, the adjudicator would go through all of the documents, noting the ones that were relevant to the issues on appeal and contained pertinent evidence. Adjudicators would also ensure that the issues listed in VACOLS – the computer application used to manage appeals – accurately reflected the issues on appeal. After a full review, adjudicators determined whether additional development or administrative action was needed.

2. Analyze—After reviewing the veteran’s claims file and identifying all relevant evidence and information, the adjudicators would analyze this evidence along with all applicable laws and regulations. In doing so, they determined whether each issue warranted a grant, denial, or remand.

3. Drafting—The final stage of the adjudicator’s role in processing appeals involved drafting the decision itself. Decisions had to include personal details such as the veteran’s name and file number, periods of service, and contentions. Adjudicators also needed to explain the elements of service connection, the criteria for the next higher rating, and any presumptions that may have applied. Most importantly, decisions had to include any entitlement to benefits that was awarded, and any development required to receive a more favorable finding.

How Did an Adjudicator’s Role Change Under Appeals Reform?

Based on the information currently available, the adjudicator’s role in processing appeals under Appeals Reform is very similar. However, we anticipate the following changes at both the review and drafting stages of the adjudication process:

1. Under Appeals Reform, adjudicators will ensure that the correct issues are listed in Caseflow rather than VACOLS, as Caseflow will be the new computer application used under Appeals Reform. When adjudicators are determining whether additional development is needed, they will only consider pre-decisional duty to assist errors, which occurred before the Agency of Original Jurisdiction’s (RO, VA Medical Center) initial decision. When reviewing the claims file, the adjudicators will only consider evidence that was submitted during a time period in which it was permitted. On the other hand, adjudicators will make a note of any evidence that was submitted during a time when it was not permitted.
2. When drafting decisions, adjudicators will likely have to include the same information as mentioned above. However, we also predict adjudicators will be required to include details about the evidentiary record considered when making the decision and list out any favorable findings that were made. Under Appeals Reform, favorable findings will be binding on all of VA and only rebuttable by clear and unmistakable evidence.