VA Almost Never Awards Extra-schedular Grants

VA Almost Never Awards Extra-schedular Grants

For the past few years, VA has decided more than a million new claims a year. CCK was interested to find out how many of those veterans receive an extra-schedular evaluation each year so we sent VA a FOIA request for this information. The VA responded to CCK’s Freedom of Information Request regarding number of cases referred for Extra-schedular review under 38 C.F.R. § 3.321(b)(1) and 38 C.F.R. § 4.16(b) and the number of grants made under each regulation for fiscal years 2013-2015.*

The VA provided data which shows they performed the following reviews under 38 C.F.R. § 3.321(b)(1). In Fiscal Year (“FY”) 2013 the VA performed 440 reviews and granted relief in 83 cases; in FY 2014 they performed 231 reviews and granted relief in 39 cases and in FY 2015 they performed 264 reviews and granted relief in 63 cases.

The VA also provided data which shows they performed the following reviews under 38 C.F.R. § 4.16(b). In FY 2013 the VA performed 187 reviews and granted relief in 29 cases; in FY 2014 they performed 170 reviews and granted relief in 17 cases and in FY 2015 they performed 270 reviews and granted relief in 57 cases.

*The VA’s fiscal year runs from October 1 to September 30. Click here to see the formal response from VA.

Category: Veterans Law