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DEMOCRATIC PRESS
RELEASE
November 9, 2007
AKAKA HOLDS OVERSIGHT HEARING ON VETERANS CLAIMS
APPEALS COURT
Committee Reviews Structure and Performance of
the Court
WASHINGTON, D.C. - U.S. Senator Daniel K. Akaka (D-HI), Chairman of the
Veterans' Affairs Committee, held an oversight hearing today on the Court
of Appeals for Veterans Claims.
The hearing focused on the structure and performance of the Court, an
independent judicial tribunal which carries out judicial review of
veterans' claims challenging decisions made by the Department of Veterans
Affairs. Testimony focused on strategies for enabling the Court to keep
pace with its rapidly increasing caseload.
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"Last year, the Court of Appeals for Veterans Claims received and ruled on
a record number of veterans' cases. We must work to ensure that the Court
can meet the heavy demands that have been placed on the veterans' claims
system," said Senator Akaka.
The witnesses at today's hearing included the Honorable William P. Greene,
Jr., Chief Judge, United States Court of Appeals for Veterans Claims; R.
Randall Campbell, Assistant General Counsel, Professional Staff Group VII,
Department of Veterans Affairs; Richard Cohen, President, National
Organization of Veterans' Advocates, Inc.; Christine Cote, Litigation
Attorney, National Veterans Legal Services Program; and Joe Violante,
National Legislative Director, Disabled American Veterans.
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Chairman Akaka's opening statement is copied
below:
Aloha. This hearing continues the Committee's efforts to ensure that
veterans' claims are processed and adjudicated in a timely and accurate
manner. Our focus today will be on the performance and structure of the
Court of Appeals for Veterans Claims. In the months to come, the Committee
will hold hearings on other parts of the claims adjudication system, and
on the overall VA disability system. The system has been the focus of much
scrutiny in the past few months, as both the Veterans' Disability Benefits
Commission and the President's Commission on Care for America's Wounded
Warriors, commonly known as the Dole-Shalala Commission, released their
final reports. Recommendations made by those Commissions were the subject
of a hearing held by this Committee last month. I intend to explore the
work of the Commissions in greater detail next Session.
Compensation is a fundamental way in which this nation honors those who
served and sustained injuries or diseases as a result of that service. A
delay in getting an injured or ill veteran the benefits he or she
deserves, represents a fundamental failure of our country's moral
obligation to veterans.
I am pleased that we are once again joined by Chief Judge Bill Greene. A
few months ago, I had the opportunity to meet with Judge Greene in his
Chambers, and I would like to thank him for being a most hospitable host.
I appreciated the time the court and its staff took to meet with me and I
look forward to expanding my understanding of the court's operations
today. I recognize that the court has been dramatically transformed by the
judges who now make up the bench. These judges have been on board for a
significant period of time, and all indications are that the court is
functioning smoothly. During my visit, I was struck by the space
constraints of the court in its current location. Judge Greene, I hope
that you will provide the Committee with an update on your progress in
securing adequate space for the court.
For many veterans, the claims process can be arduous. By the time a claim
reaches the Court of Appeals for Veterans Claims, a veteran may have spent
years trying to navigate through the VA system, while awaiting final
resolution of their claim. Veterans deserve to have their issues resolved
fairly and in a reasonable amount of time. Ensuring the court has adequate
staffing and resources and uses them in an efficient manner will go a long
way to meeting these goals.
In addition, it is becoming increasingly clear that Congress must have
accurate and timely data to legislate and appropriate effectively.
Congress must know more than just data or numbers of claims - we must have
specific information on the workload pending before the court. We must
also have a better understanding of the effectiveness of the
representation before the court - all veterans who want representation
should be afforded effective representation rather than attending court
pro se.
Today I hope we will hear what is working well at the court, and what
areas might be in need of additional oversight or legislative assistance.
Several of the second panel witnesses have recommendations for
improvements in the court's operation. I thank them for their insight and
look forward to their suggestions.
Judge Greene, I hope to get a status update from you about the various
means that you are utilizing for the court to reduce its pending caseload.
I know that the court is exploring electronic case filing and case
management, the use of a Joint Appendix, and dispute resolution. I hope to
hear more about these efforts in your testimony this morning. I note that
during Fiscal Year 2007, the court received 4,644 cases, and decided 4,877
cases. This is an all-time high for the court and I applaud its increased
productivity.
In addition, I hope that you will expound on the legislative changes that
you have recommended which might benefit the court and therefore this
nation's veterans. The first proposal would expand the court by two
judges, bringing the total judges on the bench to nine. The second
proposal would limit access to the record on appeal in order to protect
veterans' privacy. Judge Greene, I thank you for using Congress to improve
the court's function. As you know, I view the court as a separate,
independent entity from VA. I do, however, want to look for opportunities
to collaborate. You have provided such opportunities here today, and I
thank you.
I thank all of our witnesses for joining us today and I look forward to
today's discussion.
-------------------------
Larry Scott --
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